Employer's Failure to Raise Argument Before Board Forfeited Issue on Appeal

A New York appellate court ruled that an employer forfeited its argument that ulnar neuritis and cubital tunnel syndrome are the same condition by failing to raise the argument before the Workers’ Compensation Board. Case: Matter of Murrah v. Jain Irrigation, No. 524328, 01/11/2018, published. Facts: Steven Murrah injured his right shoulder in 2010 while working for Jain Irrigation. He later received workers’ compensation benefits for a 35% loss of use of his right arm. In 2014, Murrah injured his shoulder while working for a new employer. Procedural history: Following hearings...