AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of EMMA BRODER, Appellant, v. CITY OF NEW YORK, Respondent. WORKERS COMPENSATION BOARD, Respondent.

Claimant's decedent suffered a stroke at work and died several days later. The Workers' Compensation Board ruled that decedent's death was not causally related to his work activities as a computer programmer and, accordingly, denied claimant's claim for workers' compensation benefits. As an initial matter, we find no reason to disturb the Board's determination to review the employer's untimely appeal. The Board has broad discretion to entertain an untimely appeal and our review of the record discloses that such discretion was not abused here (see, Workers' Compensation Law §§ 22, 123; 12 NYCRR 300.30; see also, Matter of Brady v. R. W. Paving, 221 A.D.2d 731).

We further find that the testimony of the employer's medical expert provided substantial evidence to support the Board's determination that decedent's stroke was not causally related to his employment. While claimant's medical expert testified to the contrary, the resolution of conflicting medical testimony lies within the province of the Board (see, Matter of Forrest v Grossman's Lbr., 175 A.D.2d 498, 499, lv denied 78 N.Y.S.2d 862).

Mikoll, J.P., Crew III, White, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF BRODER v. CITY OF NEW YORK
(May 15, 1997)