Gannon v. 265 W. 37th Street LLC

**What Happened** Construction worker Gannon developed back and neck symptoms that he claimed were work-related injuries. He filed for workers' compensation benefits to cover his medical treatment and lost wages while unable to work. His employer, Clark Construction, disputed whether his neck symptoms were actually caused by his job, arguing they should not have to pay workers' compensation for those injuries. **What the Court Decided** The court made a split decision. It agreed with an earlier ruling that Gannon's back symptoms were work-related and he deserved temporary disability benefits for that injury. However, regarding his neck symptoms, the court sent the case back to the Workers' Compensation Review Board for another look. The court said the board needed to reconsider whether Clark Construction had provided enough evidence to prove the neck injury wasn't work-related. **Why This Matters for Workers** This case shows how workers' compensation disputes often involve battles over which injuries are truly work-related. Workers generally have legal protection where employers must prove an injury *wasn't* caused by work, rather than workers having to prove it was. When employers challenge work injuries, workers may need to go through multiple rounds of review to get the benefits they deserve.