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N.Y. court upholds award for unexplained workplace brain injury - 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 2025 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 2025 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 2025 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 2025 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 N.Y. court upholds award for unexplained workplace brain injury by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Apr 20, 2026 A county caseworker’s traumatic brain injury was ruled compensable by a New York appellate court, which found “substantial” evidence that the injury occurred in the course of employment despite that the cause was undetermined. In Matter of Claim of Brognano v. County of Oneida , the New York Supreme Court, Appellate Division, Third Department on Thursday upheld the Workers’ Compensation Board’s determination that the claimant sustained an accidental injury at work and that the employer failed to rebut the statutory presumption of compensability. The claimant, a caseworker, returned to work in January 2021 after a brief absence related to COVID-19 quarantine and illness. After leaving briefly for a test, he returned to the office and was later heard by a nearby coworker calling out in distress following a loud noise from his cubicle. He complained of severe head pain and exhibited visible symptoms, including swelling and disorientation, before being transported to a hospital. Medical evidence showed the worker suffered an orbital fracture and an epidural hematoma caused by blunt force trauma, consistent with a fall onto a hard surface, though no one witnessed the incident and the claimant had no memory of what occurred. A workers compensation law judge initially disallowed the claim, finding insufficient proof of a workplace accident. The board reversed, concluding that circumstantial evidence — including the timing of the incident, witness testimony and medical findings — supported that an accident occurred at work and triggered the presumption under New York Workers’ Compensation Law. The appellate court agreed, emphasizing the board’s authority to draw reasonable inferences and make credibility determinations. It also found the employer failed to present substantial evidence to overcome the presumption that the injury arose out of employment. 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