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

Case No. MISSING
Regular Panel Decision

Claim of Ayers v. Tioga County Sheriff's Department

The Workers’ Compensation Board ruled that the death of a claimant’s decedent, the Sheriff of Tioga County, arose out of his employment due to cardiac arrhythmia caused by job-related stress, and awarded death benefits. The Appellate Division affirmed this decision, finding substantial evidence to support the Board's conclusion. Medical experts testified that the decedent's stress from lawsuits and political controversy contributed to his cardiac arrhythmia, despite a history of hypertension and arteriosclerosis.

Workers' CompensationDeath BenefitsCardiac ArrhythmiaJob StressCausal RelationMedical TestimonySubstantial EvidenceAppellate ReviewTioga CountySheriff
References
2
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. MISSING
Regular Panel Decision

Estate of Moody v. Quality Structures, Inc.

Decedent, a laborer, collapsed and died on his first day of work at a construction site while pouring and raking concrete. His estate applied for workers' compensation death benefits for his children. The Workers' Compensation Board affirmed the claim, invoking the presumption of compensability under Workers’ Compensation Law § 21 (1), as the employer failed to rebut it with substantial evidence. An independent medical report by cardiologist Stephen Nash attributed death to cardiac arrhythmia and enlarged heart, with lack of sleep as a contributory factor, but did not rule out work involvement. The court affirmed the Board's decision, finding the cause of the fatal arrhythmia unexplained and the employer's evidence insufficient to overcome the presumption.

Workers' Compensation Death BenefitsCausally Related EmploymentPresumption of CompensabilityCardiac ArrhythmiaEnlarged HeartIndependent Medical ReportConstruction Laborer DeathUnexplained CollapseRebuttal of PresumptionSubstantial Evidence
References
7
Case No. ADJ7730915
Regular
Sep 18, 2015

TODD PALOMBO vs. CITY OF COSTA MESA

This case involves a firefighter claiming industrial heart injury under Labor Code § 3212, which presumes such injuries are work-related unless rebutted. The defense argued pre-existing conditions and lifestyle choices caused the applicant's cardiac arrhythmia. However, the medical expert did not definitively state non-work-related factors were the *sole* cause of the heart trouble, failing to overcome the statutory presumption. Therefore, the Workers' Compensation Appeals Board affirmed the finding of industrial injury.

Labor Code section 3212firefighterheart troublepresumptionindustrial injurycirculatory systemcumulative periodPetition for ReconsiderationWCJagreed medical evaluator
References
1
Case No. MISSING
Regular Panel Decision
May 29, 1981

Claim of Hagstrand v. Pitney-Bowes

The decedent, an office machine repairman, was found dead at work on October 25, 1978. Medical testimony indicated his death was due to cardiac arrhythmia secondary to occlusive coronary artery disease, exacerbated by his work efforts. The Workers’ Compensation Board accepted this, and since his death was unwitnessed, it was presumed to be work-related. The Board’s decision to award benefits was affirmed on appeal, citing a precedent case and Workers’ Compensation Law. Costs were awarded to the Workers' Compensation Board.

Workers' CompensationAccidental InjuryCardiac ArrhythmiaCoronary Artery DiseaseWork-Related DeathPresumption of CompensabilityUnwitnessed DeathAppellate ReviewMedical TestimonyOccupational Strain
References
2
Case No. MISSING
Regular Panel Decision

Claim of Hanna v. Able Body Labor

This case involves an appeal from a Workers' Compensation Board decision which ruled against the causal relationship between a decedent's death and his employment. The decedent died from cardiac arrhythmia, and despite an initial finding by a WCLJ applying a presumption of compensability, the Board reversed this, stating the autopsy and death certificate provided substantial evidence to rebut the presumption. The appellate court affirmed the Board's decision, noting the lack of contradicting medical evidence from the claimant. The court also denied the claimant's request for further proof, citing her failure to raise the issue before the Board.

Workers CompensationDeath BenefitsCausal RelationshipUnwitnessed DeathPresumption of CompensabilityCardiac ArrhythmiaAtherosclerotic Coronary Artery DiseaseMedical EvidenceAppellate ReviewRebuttal of Presumption
References
7
Case No. 2023 NY Slip Op 05171 [220 AD3d 1031]
Regular Panel Decision
Oct 12, 2023

Matter of Polonski v. Town of Islip

Theresa Polonski, claimant, sought death benefits following the death of her husband, a highway maintenance crew leader, who died shortly after returning to strenuous work duties. The cause of death was listed as atherosclerotic and hypertensive cardiovascular disease, secondary to acute Oxycodone intoxication. A Workers' Compensation Law Judge ruled the death causally-related to employment, which was affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, citing the presumption of compensability for unwitnessed deaths during employment and expert testimony linking decedent's work activities to his fatal cardiac arrhythmia despite preexisting conditions.

Causal RelationshipDeath BenefitsUnwitnessed DeathPresumption of CompensabilityCardiovascular DiseaseOxycodone IntoxicationMedical Expert OpinionPreexisting ConditionWork-Related StrainVentricular Arrhythmia
References
11
Case No. MISSING
Regular Panel Decision

Claim of Thompson v. Genesee County Sheriff's Department

A correction officer, with a history of heart issues, died at work from ventricular arrhythmia after being informed of mandatory firearms qualification, which he found stressful. His spouse filed for workers' compensation death benefits, arguing job-related stress caused his death. A Workers' Compensation Law Judge initially found a causal relationship, but the Workers' Compensation Board reversed this decision. On appeal, the court reversed the Board's decision, ruling that the statutory presumption under Workers’ Compensation Law § 21 (1) should have been applied because the death occurred at work and its cause was unwitnessed or unexplained. The court concluded that the employer's carrier failed to provide substantial evidence to rebut this presumption.

Workers' CompensationCausal RelationStatutory PresumptionVentricular ArrhythmiaEmployment StressFirearms TrainingBurden of ProofUnexplained DeathCorrection OfficerGenessee County
References
9
Case No. 535424
Regular Panel Decision
Oct 12, 2023

In the Matter of the Claim of Theresa Polonski (Polonski, Jeff (dec'd))

Theresa Polonski filed a claim for death benefits for her husband, a highway maintenance crew leader, who died shortly after returning to strenuous work post-surgery. Despite his request for lighter duties, he was tasked with demolition and snow clearing, leading to fatigue and chest pains, culminating in his death from cardiovascular disease and Oxycodone intoxication according to an autopsy. The Workers' Compensation Board ruled the death causally-related to employment, a decision affirmed on appeal. The Appellate Division found sufficient medical evidence from the claimant's expert linking the arduous work activities to a fatal ventricular arrhythmia, supporting the Board's decision despite pre-existing conditions and conflicting expert opinions.

Workers' CompensationCausationDeath BenefitsEmployment-Related DeathCardiovascular DiseaseSpinal FusionExertionPreexisting ConditionMedical EvidenceAppellate Review
References
12
Case No. MISSING
Regular Panel Decision
Dec 13, 2004

Claim of Provenzano v. Pepsi Cola Bottling Co.

A claimant sought workers’ compensation death benefits after her husband, a quality control technician and union shop steward for Pepsi Cola Bottling Company, died at work. The decedent was called to work late one evening to address a dispute involving an employee working out of title. After a heated discussion with his supervisor, the decedent collapsed and died. A Workers’ Compensation Law Judge and the Workers’ Compensation Board both found that the death was work-related, which was affirmed on appeal. Medical testimony from an internal medicine specialist attributed the death to a heart attack or cardiac arrhythmia brought on by work-related stress, which the Board credited. The appellate court affirmed, finding sufficient evidence that the death arose out of and in the course of employment and that the stress precipitated the death.

Death BenefitsWork-Related DeathCardiac EventStress-Induced IllnessUnion ActivityCausation Medical OpinionAppellate AffirmationCourse of EmploymentEmployer ResponsibilityWorkers' Compensation Board Decision
References
9
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