Page v. Liberty Cent. Sch. Dist.

• Decision Date: 03 September 2015
• Citation: 16 N.Y.S.3d 94,131 A.D.3d 1291,2015 N.Y. Slip Op. 06744
• Parties: In the Matter of the Claim of Angela PAGE, Appellant, v. LIBERTY CENTRAL SCHOOL DISTRICT, Respondent. Workers' Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

131 A.D.3d 1291
16 N.Y.S.3d 94
2015 N.Y. Slip Op. 06744

In the Matter of the Claim of Angela PAGE, Appellant,
v.
LIBERTY CENTRAL SCHOOL DISTRICT, Respondent.
Workers' Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

Sept. 3, 2015.

Sussman & Watkins, Goshen (Michael H. Sussman of counsel), for appellant.

Sullivan Keenan Oliver & Violando, LLP, Albany (John M. Oliver of counsel), for Liberty Central School District, respondent.

Before: LAHTINEN, J.P., McCARTHY, GARRY and EGAN JR., JJ.

LAHTINEN, J.P.

Appeal from a decision of the Workers' Compensation Board, filed January 8, 2014, which, among other things, reversed a decision of a Workers' Compensation Law Judge directing further development of the record.

[16 N.Y.S.3d 95]

In July 2004, claimant, a school librarian, sought workers' compensation benefits based upon an alleged disability resulting from her exposure to toxic mold at the workplace. A claim for hypersensitivity reaction to occupational presence of fungi was established. Claimant was found to have a temporary total disability and an award of benefits was made. In 2006, the claim was amended to include multiple chemical sensitivity and awards for a marked disability were continued. Following various litigation regarding medical reimbursement expenses, claimant's degree of disability and her attachment to the labor market, the Workers' Compensation Law Judge (hereinafter WCLJ), by decision filed March 31, 2010, classified claimant with a permanent total disability as a result of the work-related injury. The Workers' Compensation Board modified that decision by rescinding the finding of permanent total disability and referring the matter to an impartial specialist to examine claimant and report to the Board with respect to claimant's disability classification rate.

When the matter was restored to the calendar, Theodore Them, the impartial medical specialist who examined claimant, testified that multiple chemical sensitivity is not a medically-recognized condition and, in any event, it was his opinion that claimant was not suffering from any causally-related disability. By decision filed December 19, 2012, the Board credited the testimony of Them, found no further causally-related disability, thereby reversing the WCLJ's finding of total permanent disability, and closed the case.

On January 11, 2013, claimant filed a notice of appeal with this Court as to the December 19, 2012 Board decision, but...