Matter of Johnson v. N.Y. City Bd. of Educ

Full title: In the Matter of the Claim of MARIE JOHNSON, Respondent, v. NEW YORK CITY…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 31, 1991

169 A.D.2d 1003 (N.Y. App. Div. 1991)

565 N.Y.S.2d 566

Opinion

January 31, 1991

Appeal from the Workers' Compensation Board.

Although the testimony of claimant's physician as to the cause of her injury could have been expressed more clearly, his testimony when viewed in its entirety met the requirement that it be reasonably apparent that he meant to signify a probability as to the cause and that his opinion was supported by a rational basis (see, Matter of Calabretta v Lanorith, 90 A.D.2d 608). Furthermore, it is not necessary that medical opinion be expressed with absolute certainty (Matter of Kwiecien v Charlow, 62 A.D.2d 1109). Under the circumstances, the determination of the Workers' Compensation Board that claimant's fracture of her left ankle was the consequence of an earlier work-related ankle fracture that left her ankle in a weakened condition is supported by substantial evidence (see, Matter of Capon v Grumman Corp., 156 A.D.2d 803).

Decision and amended decision affirmed, without costs. Weiss, J.P., Mikoll, Levine, Mercure and Harvey, JJ., concur.