LOIS Associate Marigold T. Bridgeman obtained a disallowance in a New York Workers’ Compensation claim that was controverted where the Claimant alleged being kicked by a cow. The medical evidence revealed an MRI of the right shoulder that demonstrated a mass, and it was also discovered that the Claimant had bone cancer, resulting in surgical management. The Claimant was noted as a poor historian in the contemporaneous medical records to the date of loss, reporting that he was milking a cow and was kicked when he fell on his back and injured his arm. Despite the claim being put forth only for the right shoulder, the Claimant was seen by a psychiatrist, where he reported a history of being kicked directly in the shoulder, now experienced irritability, flashbacks, inattention, and pain, and was diagnosed with cognitive disorder and anxiety disorder.
At the trial, following the Claimant’s and employer-witness’s testimony, Bridgeman argued for a disallowance, as the Claimant’s right shoulder tumor was not causally related to any work-related injury. The Law Judge agreed and disallowed the claim for the right shoulder. Bridgeman defended this position in a rebuttal following the Claimant’s appeal to the Board Panel, arguing that the claim was not compensable and was related to his prior comorbidities. The Board Panel affirmed the disallowance of the right shoulder on the basis the Claimant did not sustain an injury to the right shoulder that arose out of and occurred in the course of employment. As a result, the Carrier is not liable for the alleged cow-kicking injury and the attenuated psychological treatment.
