Matter of Moore v. U.S. Xpress, Inc.
Claimant, a truck driver, sought workers' compensation benefits for a back injury allegedly sustained in October 2015, which led to emergency thoracic spine surgery in February 2016 for an abscess. The Workers' Compensation Board denied the claim, finding that the injury did not arise out of and in the course of his employment, citing evidence that claimant initially denied a work-related injury and medical opinions suggesting the abscess was likely infectious, not traumatic, and unlikely caused by routine lifting. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence. The court also found no error in the WCLJ's denial of additional witness testimony or documentation, nor any abuse of discretion by the Board in denying reconsideration or full Board review.