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Claim of Campione v. FMCS

Supreme Court, Appellate Division, Third Department, New York.
Feb 11, 2015
125 A.D.3d 1072 (N.Y. App. Div. 2015)

Opinion

518032.

02-11-2015

In the Matter of the Claim of Lioudmila CAMPIONE, Appellant, v. FMCS et al., Respondents. Workers' Compensation Board, Respondent.

Lioudmila Campione, Pompano Beach, Florida, appellant pro se. Weiss, Wexler & Wornow, P.C., New York City (Andrea Catalano of counsel), for FMCS and another, respondents.


Lioudmila Campione, Pompano Beach, Florida, appellant pro se.Weiss, Wexler & Wornow, P.C., New York City (Andrea Catalano of counsel), for FMCS and another, respondents.

Before: LAHTINEN, J.P., GARRY, DEVINE and CLARK, JJ.

Opinion

CLARK, J.Appeal from a decision of the Workers' Compensation Board, filed August 8, 2013, which ruled that claimant did not sustain a causally related disability and denied her claim for workers' compensation benefits.Claimant applied for workers' compensation benefits, alleging that she suffered neurological injuries caused by exposure to pesticides at her workplace. A Workers' Compensation Law Judge denied the claim and the Workers' Compensation Board affirmed, prompting this appeal.

We affirm. The employer's medical expert, a neurologist who conducted an independent medical examination of claimant, found no objective evidence of any toxicity, toxic reaction, neurological disability or cognitive impairment. Although claimant's medical experts opined that she suffers from a causally related neurologic condition, those opinions were largely based upon her subjective complaints. According proper deference to the Board's resolution of conflicting medical evidence and evaluation of witness credibility, we find the Board's determination to be supported by substantial evidence and decline to disturb it (see Matter of Alm v. Natural Health Family Chiropractic, 85 A.D.3d 1500, 1501, 926 N.Y.S.2d 708 [2011] ; Matter of Ogden v. PCA Intl., 26 A.D.3d 625, 625–626, 808 N.Y.S.2d 509 [2006] ).

ORDERED that the decision is affirmed, without costs.

LAHTINEN, J.P., GARRY and DEVINE, JJ., concur.


Summaries of

Claim of Campione v. FMCS

Supreme Court, Appellate Division, Third Department, New York.
Feb 11, 2015
125 A.D.3d 1072 (N.Y. App. Div. 2015)
Case details for

Claim of Campione v. FMCS

Case Details

Full title:In the Matter of the Claim of Lioudmila CAMPIONE, Appellant, v. FMCS et…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Feb 11, 2015

Citations

125 A.D.3d 1072 (N.Y. App. Div. 2015)
999 N.Y.S.2d 776
2015 N.Y. Slip Op. 1212

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