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Case Law Database

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

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
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 Young v. Ceramic Tile Contractors

Claimant suffered a severe back injury in 1989, leading to permanent total disability. His treating physician recommended a therapeutic whirlpool at home, which the Workers’ Compensation Board authorized. The carrier, overseeing the renovations, faced issues when improper installation caused significant home damage and biohazardous fungus. Disputes also arose over the carrier’s obligation to pay for approved limousine transportation for the claimant. The Board affirmed that the carrier was liable for the home repairs due to its control over the project and for the transportation, finding it a less expensive alternative to an ambulance. The decision and amended decision of the Workers' Compensation Board were affirmed.

Workers' Compensation BoardPermanent Total DisabilityTherapeutic WhirlpoolHome ModificationsMedical NecessityCarrier ResponsibilityDefective WorkBiohazardous FungusTransportation ServicesLimousine Transportation
References
6
Case No. ADJ6805367
Regular
Feb 07, 2011

DANIEL JACOBS vs. WESTERN MUNICIPAL WATER DISTRICT, ACWA JOINT POWERS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that Daniel Jacobs sustained an industrial injury from Disseminated Coccidiomycosis. The Board found substantial evidence supported the original award, based on applicant's credible testimony regarding ongoing excavation and his extensive outdoor work at the 13-acre plant. The Board relied on the expert opinion of Dr. Sweeney, who stated with "very high medical probability" that the applicant's illness was work-related due to prolonged exposure to airborne fungus from disturbed soil. This employment exposed the applicant to a greater risk than the general public, thus meeting the legal standard for industrial causation.

Valley FeverCoccidiomycosisIndustrial InjuryCumulative TraumaExposureMedical ProbabilitySubstantial EvidenceWork SiteExcavationWastewater Reclamation Facility
References
7
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