Opinion
February 27, 1992
Appeal from the Workers' Compensation Board.
We reject the employer's contention that the record fails to support the finding by the Workers' Compensation Board of accident arising out of and in the course of employment. Psychological or nervous injury precipitated by psychic trauma is compensable to the same extent as physical injury (Matter of Rackley v. County of Rensselaer, 141 A.D.2d 232, lv dismissed 74 N.Y.2d 791) and a determination of emotional injury may be made even if the cause adversely affects a claimant due only to his or her particular sensitivity (see, Matter of Kaliski v. Fairchild Republic Co., 151 A.D.2d 867, affd on mem below 76 N.Y.2d 1002). Here, claimant testified that, among other things, he was "totally devastated" by the memorandum that had been distributed which was critical of his job performance, that he felt that he was subjected to public ridicule, that he had lost his credibility as a supervisor and that he underwent and continued to receive psychiatric treatment. This, combined with the medical testimony of claimant's psychiatrist that claimant was suffering from an adjustment disorder in reaction to the memorandum, provides substantial evidence to support the Board's conclusion, notwithstanding the conflicting medical opinion of the employer's expert (see, Matter of Rackley v. County of Rensselaer, supra). The employer's remaining contentions have been considered and found to be either unpreserved for our review or lacking in merit.
Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.