Article ID: 40216287db262b1496aae5c9c282a93942cfcca4f474458b436b7db649d8af42
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Video supports comp award, undermines intentional-injury defense - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Video supports comp award, undermines intentional-injury defense by Louise Esola Coverage Disputes , Workers Comp Coverage , Workplace Safety Sep 21, 2026 A New York appeals court Thursday upheld workers compensation benefits for a retail assistant manager, finding that surveillance footage supported her account of a workplace accident and did not support the insurer’s contention that she intentionally injured herself. A unanimous five-judge panel of the Appellate Division’s Third Department affirmed a Workers’ Compensation Board decision awarding benefits for foot and knee injuries in Rosario v. The William Carter Co. Gisell Rosario was scanning newly delivered boxes of merchandise at a Queens retail store on Dec. 11, 2023, when she dropped a box that struck her lower left leg, according to the Sept. 17 ruling. She reported the incident and sought treatment that day for left foot pain, followed by treatment a few days later for left knee pain. The employer and its workers compensation insurer, which the opinion did not identify, contested the claim. A workers compensation law judge established the claim for both injuries, and the board affirmed. Ms. Rosario testified that she was moving a box to her left and did not realize her foot was in the way. Surveillance footage showed her looking elsewhere as she dropped the box near her leg, then reacting in a manner consistent with being struck, the court said. The footage corroborated her account and provided no support for the contention that she deliberately sought to injure herself, the court said. Even the orthopedic surgeon who examined her at the insurer’s request concluded that she had been injured in the accident. The court also upheld the board’s findings linking both injuries to the incident. The insurer’s examining surgeon agreed with Ms. Rosario’s treating physicians that the accident injured her left foot. For the knee injury, the board credited her treating physicians over the examining surgeon’s equivocal opinion disputing that connection. The board has authority to resolve conflicting medical opinions and accept or reject portions of those opinions, the court said, finding substantial evidence supported the award. 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