Appellate Division Affirms Workers’ Compensation Board Decision that Claimant’s Medical Claims Were Credible
- posted: Sep. 30, 2025
Disputed workers’ compensation cases often involve conflicts over the credibility of an injured employee’s medical claims. Each side presents evidence from doctors to support their side. In some situations, reasonable minds can differ about which party should prevail. There might even be a split between the Workers’ Compensation Judge and the Workers’ Compensation Board that reviews appeals.
In Matter of Balseca v. Hudson Concrete Inc., the Appellate Division’s Third Department reviewed a case where the judge’s initial denial of benefits was reversed by the Workers’ Compensation Board. Celso Balseca said he fell off a ladder while doing his job, resulting in injuries to several parts of his body. The carrier for Balseca’s employer said that there was no causal relationship between his alleged injuries and the incident, citing the fact that he had not reported the accident contemporaneously. After considering the evidence, the judge did not find Balseca’s claim to be credible.
Conversely, the Board did accept Balseca’s version of the events that led to his neck, back, shoulder, elbow, knee and hip injuries. He testified that he got hurt less than an hour before his shift ended and was worried that he would lose his job if he reported the injury. After being treated in the emergency room, Balseca notified his employer of the injury the next day in a letter sent by certified mail.
Both Balseca and the carrier introduced evidence from doctors supporting their arguments, but the Board reversed the judge’s decision and granted workers’ comp benefits. Though the employer and carrier challenged the holding, the Appellate Division ruled that the Board has the power to assess credibility of parties and witnesses in workers’ compensation appeals. Consequently, Board decisions should not be disturbed unless they lack substantial supporting evidence.
This case highlights the fact that the judge in a workers’ comp case is not necessarily the final authority. An injured employee who has been denied benefits might find that the Board has an entirely different view on a claimant’s credibility.
At Peter M. Cordovano, P.C., I have decades of experience successfully representing claimants in New York workers’ compensation appeals. You can rely on me for sound advice regarding credibility issues and the type of evidence needed to overturn a denial at the Board level. For a free consultation, please call 845-640-3846 or contact me online. From my office in Highland, I serve clients throughout the state.
Appellate Division Affirms Workers’ Compensation Board Decision that Claimant’s Medical Claims Were Credible
- posted: Sep. 30, 2025
Disputed workers’ compensation cases often involve conflicts over the credibility of an injured employee’s medical claims. Each side presents evidence from doctors to support their side. In some situations, reasonable minds can differ about which party should prevail. There might even be a split between the Workers’ Compensation Judge and the Workers’ Compensation Board that reviews appeals.
In Matter of Balseca v. Hudson Concrete Inc., the Appellate Division’s Third Department reviewed a case where the judge’s initial denial of benefits was reversed by the Workers’ Compensation Board. Celso Balseca said he fell off a ladder while doing his job, resulting in injuries to several parts of his body. The carrier for Balseca’s employer said that there was no causal relationship between his alleged injuries and the incident, citing the fact that he had not reported the accident contemporaneously. After considering the evidence, the judge did not find Balseca’s claim to be credible.
Conversely, the Board did accept Balseca’s version of the events that led to his neck, back, shoulder, elbow, knee and hip injuries. He testified that he got hurt less than an hour before his shift ended and was worried that he would lose his job if he reported the injury. After being treated in the emergency room, Balseca notified his employer of the injury the next day in a letter sent by certified mail.
Both Balseca and the carrier introduced evidence from doctors supporting their arguments, but the Board reversed the judge’s decision and granted workers’ comp benefits. Though the employer and carrier challenged the holding, the Appellate Division ruled that the Board has the power to assess credibility of parties and witnesses in workers’ compensation appeals. Consequently, Board decisions should not be disturbed unless they lack substantial supporting evidence.
This case highlights the fact that the judge in a workers’ comp case is not necessarily the final authority. An injured employee who has been denied benefits might find that the Board has an entirely different view on a claimant’s credibility.
At Peter M. Cordovano, P.C., I have decades of experience successfully representing claimants in New York workers’ compensation appeals. You can rely on me for sound advice regarding credibility issues and the type of evidence needed to overturn a denial at the Board level. For a free consultation, please call 845-640-3846 or contact me online. From my office in Highland, I serve clients throughout the state.
