Opinion
May 21, 1998
Appeal from the Workers' Compensation Board.
Claimant, a clerical worker for the Village of Ossining, Westchester County, was assigned at various times to work in what originally had been a sewage treatment plant. Although the one-story building had been converted to office space, sewer transfer pumps containing raw sewage were located under the floor beneath claimants desk. In November 1991, claimant began experiencing certain gynecological problems and, ultimately, was diagnosed as suffering from acute endometritis and an E-coli infection.
Based upon our review of the record as a whole, we are persuaded that there is substantial evidence to support the Workers' Compensation Boards finding that claimant contracted an E-coli infection and that such infection was causally related to her employment. Although the Village questions the sufficiency of the proof linking claimants medical condition to her employment, we note that while the Board cannot rely upon expert opinion evidence that amounts to nothing more than pure speculation, "[t]he Workers' Compensation Law * * * does not require that medical opinions be expressed with absolute or reasonable medical certainty * * *. All that is required is that it be reasonably apparent that the expert meant to signify a probability as to the cause and that his opinion be supported by a rational basis" ( Matter of Van Patten v. Quandt's Wholesale Distribs., 198 A.D.2d 539 [citations omitted]; see, Matter of Castighone v. Mechanical Technology, 227 A.D.2d 865, 866-867). Based upon the testimony of claimants treating physician, and taking into consideration the absence of any other explanation for claimants illness ( see, Matter of Castighone v. Mechanical Technology, supra, at 867), we find that there is substantial evidence to support the Boards decision. The Villages remaining contentions have been examined and found to be lacking in merit.
Mikoll, J.P., Mercure, Yesawich Jr. and Spain, JJ., concur.
Ordered that the decision is affirmed, with costs to claimant.