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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2021 NY Slip Op 04942 [197 AD3d 1382]
Regular Panel Decision
Sep 02, 2021

Matter of Valdez v. Delta Airlines, Inc.

The claimant, a flight attendant, filed a workers' compensation claim in 2019 after experiencing skin, respiratory, and other physical problems believed to be linked to her new work uniform. A Workers' Compensation Law Judge initially established the claim for contact dermatitis, reactive airway disease, and lymphadenopathy. The Workers' Compensation Board affirmed this decision, modifying it to establish the claim for an occupational disease with a date of disablement of May 1, 2019, under its continuing jurisdiction. The employer and its workers' compensation carrier appealed, arguing a lack of causal link, especially since the chemical claimant was allergic to was not found in the uniform. However, the Board credited the claimant's testimony and her occupational physician's opinion that, based on the timing of symptoms, chemical sensitivity, and similar reactions among coworkers, there was a causal link. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Occupational DiseaseWorkers' CompensationContact DermatitisReactive Airway DiseaseLymphadenopathyFlight AttendantWork UniformCausationMedical EvidenceAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Claim of O'Grady v. Sealright Corp.

The claimant developed employment-related dermatitis, which led to a permanent partial disability. Initially, a referee granted the self-insured employer relief from the Special Disability Fund. However, the Workmen’s Compensation Board discharged the Fund, asserting that the dermatitis was contracted during employment and did not pre-exist it. The appellate court reversed this decision, clarifying that Special Fund liability can still apply if an employer retains a worker with knowledge of a permanent impairment, even if both impairments occur during the same employment. The case was remitted to the Board to determine if the subsequent impairment is separable from the initial condition and to consider other factors for the Special Fund's liability.

Special Disability FundWorkers' Compensation LawDermatitisPermanent Partial DisabilityEmployer LiabilityPre-existing ConditionRemittalAppellate ReviewMedical ConditionEmployment-Related Injury
References
4
Case No. MISSING
Regular Panel Decision

Claim of Baxter v. Myers

Claimant, a dietary aide for Bristol Myers, began experiencing severe allergic reactions like shortness of breath and headaches shortly after commencing employment, which she attributed to chemical fumes. Despite indicating hayfever and allergies on her application, her condition progressively worsened. A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found she suffered an accidental injury due to her work environment aggravating her preexisting allergic sensitivities and pulmonary condition. The employer and its insurance carrier appealed this decision. The appellate court affirmed, finding substantial evidence supported the Board's conclusion that the claimant sustained an accidental injury, even if it accrued gradually over time.

Accidental InjuryPreexisting ConditionAggravation of ConditionChemical Fumes ExposureAllergic ReactionsPulmonary ConditionDietary Aide EmploymentWorkers' Compensation BenefitsAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Jun 07, 2001

Claim of Hosmer v. Emerson Power Transmission

In 1972, the claimant began working for an employer, assembling industrial chains coated with molykote, a black powdery lubricant. By 1998, she developed respiratory problems, leading to a diagnosis of severe sinusitis and airway irritation, and stopped working in June 1999. She filed for workers' compensation, initially established for accident, notice, and causal relationship, then modified by the Workers' Compensation Board for occupational disease involving sinusitis and/or airway irritation superimposed on a preexisting allergic sensitivity due to molykote exposure. The employer appealed, arguing a lack of scientific basis for causal connection. The court affirmed the Board's decision, relying on medical testimony that molykote exposure was a significant factor in her symptoms, and that it aggravated a previously dormant allergic condition.

Occupational DiseaseSinusitisAirway IrritationMolykote ExposureCausal RelationshipPreexisting ConditionWorkers' Compensation BenefitsMedical Opinion ConflictAppellate ReviewEmployer Appeal
References
6
Case No. MISSING
Regular Panel Decision
Feb 15, 1980

Claim of Snyder v. Clove Lakes Nursing Home

Claimant, a maid at Clove Lakes Nursing Home, developed contact dermatitis from detergents and water at work, leading to an initial finding of occupational disease and compensation. The case was later closed due to no further causally related disability. However, the Workers' Compensation Board reversed this, finding a continuing partial disability after December 1, 1978, based on medical evidence that the claimant could not return to her prior work due to detergent exposure. The employer and insurance carrier appealed, arguing lack of substantial medical evidence for continued causal relation. Applying a literal construction of Workers’ Compensation Law § 37(1), the court affirmed the Board's decision, noting that further exposure would cause renewed dermatitis, thus satisfying the definition of disability.

Occupational diseaseContact dermatitisPartial disabilityCausal relationMedical evidenceAppellate reviewDetergent exposureEmployment injuryMaidWorkers Compensation Law
References
1
Case No. MISSING
Regular Panel Decision
Jul 01, 1993

Archer v. IBM Corp.

Claimant appealed a Workers' Compensation Board decision that denied her claim for benefits, which alleged an acquired sensitivity to chemicals from exposure at IBM Corporation. The Board determined there was insufficient evidence of a causally related occupational disease. The Appellate Division affirmed the Board's decision, citing expert testimony from an IBM physician, Franklin Aldrich, who found no causal link between the claimant's dermatitis and workplace chemicals, despite conflicting testimony from other experts.

Occupational DiseaseChemical SensitivityWorkers' Compensation AppealCausationDermatitisExpert Medical TestimonySufficiency of Evidence
References
1
Case No. MISSING
Regular Panel Decision

Claim of Vernoia v. National Council on Compensation Insurance

The claimant, an attorney, developed allergic rhinitis due to dust and an air-conditioning malfunction at his New York City workplace, leading to his resignation in December 1983. The Workers’ Compensation Board found his condition resulted from an industrial accident in August 1983. On appeal, the court reversed this decision, stating that a dormant allergy exacerbated by gradual absorption of environmental irritants over time constitutes a disease, not an accident, under workers' compensation law. Consequently, the claim for benefits was dismissed.

Allergic RhinitisOccupational DiseaseIndustrial AccidentWorkers' Compensation BoardAllergy ExacerbationWorkplace EnvironmentCausationMedical EvidenceAppellate ReviewClaim Dismissal
References
7
Case No. MISSING
Regular Panel Decision

Claim of Kallir v. Friendly Ice Cream

The claimant sought disability benefits for a period exceeding her standard maternity leave because her newborn suffered from an allergic condition requiring breast milk, preventing her return to work. The Workers’ Compensation Board granted additional benefits, interpreting the disability as a complication of pregnancy, despite the mother being physically able to work. The court affirmed the Board's decision, emphasizing a liberal interpretation of the Workers' Compensation Law to meet the human needs of workers and acknowledging the inextricable connection between the child's condition and the pregnancy under these unique circumstances.

Pregnancy DisabilityWorkers' Compensation BenefitsComplication of PregnancyBreastfeeding DisabilityStatutory InterpretationLiberal ConstructionBoard Decision AffirmedChild's Health ImpactMaternity Leave ExtensionDisability Law
References
4
Case No. 526693
Regular Panel Decision
May 30, 2019

Matter of Connolly v. Covanta Energy Corp.

Claimant, a maintenance planner/mechanic, was diagnosed with allergic bronchopulmonary aspergillosis from exposure to aspergillus fungus at his workplace. Initially denied as an occupational disease, the Workers' Compensation Board later affirmed it as an accidental injury from exposure during cooling tower remediation. The employer appealed, questioning the Board's jurisdiction and compliance with Workers' Compensation Law § 137 for a medical report. The Appellate Division, Third Department, affirmed the Board's decision, finding the Board had continuing jurisdiction, the report met requirements, and substantial evidence supported the accidental injury finding.

Workers' CompensationAccidental InjuryOccupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusMold ExposureCausalityMedical EvidenceWorkers' Compensation BoardAppellate Division
References
16
Case No. MISSING
Regular Panel Decision

Claim of Connolly v. Covanta Energy Corp.

A maintenance mechanic and planner for Covanta Energy Corporation for 23 years developed allergic bronchopulmonary aspergillosis from workplace exposure to aspergillus fungus. He sought workers' compensation benefits, which Covanta disputed, citing no causal relationship. Although a Workers' Compensation Law Judge and the Board initially found a compensable occupational disease, the appellate court reversed this decision. The court determined there was insufficient evidence to establish a distinct work-related link to the claimant's condition, given the fungus's widespread presence and the lack of specific work-environment causation.

Occupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusCausal RelationshipWorkers' Compensation BenefitsEmployment ExposureMaintenance MechanicRecycling FacilityAppellate ReviewMedical Opinion
References
7
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