Court Affirms Compensability Determination for Unobserved Fall

A New York appeals court affirmed the determination that a man's brain and head injuries were compensable even though the mechanism of the injury was unknown. Although nobody saw James Brognano III fall at work, the Workers' Compensation Board concluded that he was injured during his employment based on medical evidence and witness testimony. This finding required the employer to rebut the presumption of compensability, which the New York Appellate Division's 3rd Department ruled was a burden it failed to carry. "Although the employer pointed out the uncertainty as to exactl...