MISSING DOCUMENTS USED TO PROVE CASE
An interesting development from another jurisdiction.
On October 8, 2009 a New York appeals court agreed with the New York State Workers' Compensation Board that a data entry employee should have her workers’ compensation claim considered with an inference that her joint pain be considered work-related.
In 2007, the New York State Workers’ Compensation Board rescinded an administrative decision after the company failed to produce any records. The company then alleged the records did not exist and after a series of hearings the board found that the employee was entitled to an inference that medical records exist and they show a diagnosis favorable to her.
The Court held that the employee should be able to claim that the records of a visit to the company health facility actually existed and that the documents would reflect her injuries were related to working for her employer.