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THE BOARD’S FINDINGS ON THE EXTENT OF PETITIONER’S DISABILITY WERE NOT SUPPORTED BY THE MEDICAL EVIDENCE SUBMITTED TO THE BOARD; REVERSAL WAS REQUIRED (THIRD DEPT).

The Third Department, reversing the Workers’ Compensation Board, determined the Board’s findings about the extent of petitioner’s disability were not based on the medical evidence presented at the hearing:

Inasmuch as “it appears that the Board’s decision may have been based on an inaccurate reading of the record or incomplete facts, it cannot be sustained” … . ” ‘Since this Court has limited power to review the sufficiency of evidence and lacks the ability to weigh conflicting proof’ ” … , we cannot ascertain what decision the Board would have reached had it accurately reviewed the reports and testimony that were before it, and, therefore, the matter must be remitted to the Board for further proceedings so that a proper assessment of the evidence can occur … . Matter of Ayars v Navillus Tile Co., 2023 NY Slip Op 04691, Third Dept 9-21-23

Practice Point: If the Workers’ Compensation Board’s findings on the extent of the worker’s disability are not supported by the medical evidence submitted to the Board, the determination must be reversed.

 

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