Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Workers? compensation claim denied after being ruled an ?afterthought?

By Harvey Randall, Esq.

Workers? compensation claim denied after being ruled an ?afterthought?
Matter of Santiago v Otisville Correctional Facility, 2007 NY Slip Op 03614, decided on April 26, 2007, Appellate Division, Third Department

Rafael Santiago, a correction officer, filed a claim for workers? compensation benefits. Santiago claimed that he fell conducting a search, causing him to sustain a head injury and related psychological conditions on January 15, 2002.

The Workers? Compensation Board denied Santiago?s claim, finding that ?[Santiago] had not sustained a work accident? but had alleged he had suffered a work-connected accident as ?an afterthought and a direct response to? Otisville?s investigation concerning Santiago?s alleged illegal work activities on that date. Santiago appealed the Board?s ruling.

Rejecting Santiago?s argument that the Workers? Compensation Law Section 21(1) presumption that ?an unwitnessed or unexplained workplace accident arose out of the injured person?s employment,? as having no bearing on this case because it cannot be used to establish that an accident occurred, the Appellate Division held that ?whether an accident occurred is a factual question for resolution by the Board, whose determination will not be disturbed so long as it is supported by substantial evidence.?

According to the decision:

?Santiago continued working after the events of January 15, 2002 and did not seek any medical attention until June 2002, following an unrelated May 2002 incident, and shortly after being served with a notice of discipline which recommended claimant?s termination for cause for his improper conduct with inmates on January 15, 2002.?

The Appellate Division also noted that Santiago did not report his alleged accident and injuries until February 5, 2002, after he had been advised that he was being transferred from his job pending investigation of complaints from numerous inmates regarding his conduct on January 15, 2002.

The court affirmed the Board?s decision as supported by substantial evidence and dismissed Santiago?s appeal.

Full post as published by New York Public Personnel Law on January 30, 2008 (boomark / email).