Case Law Database

Matter of Kalkbrenner v. Accord Corporation

Claimant sought to amend her workers’ compensation claim to include consequential arachnoiditis resulting from spinal anesthesia during right knee surgery. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied her application, citing a lack of credible medical evidence to establish the diagnosis or causal relationship. Claimant then appealed the Board’s denial of her request for reconsideration and/or full Board review. The court affirmed the Board’s decision, determining that the denial was not arbitrary and capricious, as the Board had considered all relevant material and the claimant failed to present new evidence or demonstrate a material change in her condition.