Matter of Murrah v. Jain Irrigation, Inc.
Claimant Steven Murrah sustained a work-related injury to his right shoulder in 2010 while working for Jain Irrigation, Inc., leading to workers' compensation benefits. In 2014, while working for a different employer, he jarred his right shoulder again. A Workers' Compensation Law Judge initially found ulnar neuritis and cubital tunnel syndrome causally related to the 2010 incident. The Workers' Compensation Board modified this, finding no causal relation for ulnar neuritis but affirming and amending the 2010 claim to include right cubital tunnel syndrome. Jain Irrigation and its carrier appealed, arguing that ulnar neuritis and cubital tunnel syndrome are the same condition and that the issue was not properly preserved. The Appellate Division, Third Department, affirmed the Board's decision, declining to take judicial notice of the conditions' synonymity due to conflicting record evidence and deferring to the Board's resolution of medical evidence.