Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis

Summary

The Court affirmed the Superior Court’s judgment upholding the Industrial Accident Board’s determination that Lewis’s cervical spine condition was causally related to her 2016 compensable shoulder injury. The Court held that the treating physician’s opinion, considered in light of the timing of Lewis’s symptoms, examination findings, and response to injections, constituted substantial evidence rather than speculation. Because the injury was related to the accepted 2016 injury and compensation had been paid under an approved agreement, the five-year limitations period applied and the petition was timely.