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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

Jan 27, 2012

Claim of Boaro v. Kings Park Psychiatric Center

The claimant's husband suffered two work-related heart attacks in 1982 and 1986, leading to permanent total disability. He died in October 2010 at age 77. The claimant filed for workers' compensation death benefits, which the employer and carrier controverted. The Workers' Compensation Board disallowed the claim, finding no causal relationship between his death and employment. On appeal, the decision was affirmed, as the Board's resolution of conflicting medical opinions was supported by substantial evidence, specifically the testimony of a cardiologist who found no correlation between the heart attacks and death, attributing death to atherosclerosis exacerbated by smoking and hypertension.

References

Case No. MISSING

Regular Panel Decision

In re the Claim of Schuren v. Wolfson

A 68-year-old private chauffeur collapsed and died after assisting a coemployee in carrying a heavy suitcase to his employer's car. The death certificate attributed the cause to atherosclerosis of coronary arteries. The decedent had a significant history of cardiac issues, with his treating physician stating the death was an 'expected result' of his disease. Expert medical testimony debated the strenuousness of the task in relation to the decedent's pre-existing condition. The court, applying the 'ordinary man' standard, reiterated that a compensable heart attack from overexertion requires work greater than ordinary wear and tear and must be 'unusually hard.' Finding no substantial evidence to support the Board's finding under this standard, the claim for benefits was dismissed.

Workers' CompensationCardiac EventOverexertionDeath BenefitsCausationOrdinary Wear and TearUnusually Hard WorkMedical TestimonyAppellate ReviewClaim Dismissed

References

Case No. MISSING

Regular Panel Decision

Jul 06, 1994

Claim of Onody v. County of Oswego D.P.W.

Eugene Onody, a solid waste transfer station attendant, was found unconscious at his workplace and later died due to arrhythmia caused by multifocal coronary atherosclerosis. His widow filed a claim for workers' compensation death benefits, which the self-insured employer disputed, arguing that his death did not arise out of and in the course of his employment. The Workers’ Compensation Board sustained the claim, leading to an appeal by the employer. The appellate court affirmed the Board's decision, applying Workers’ Compensation Law § 21, which establishes a presumption that unwitnessed deaths occurring in the course of employment arise out of that employment. The court concluded that the employer failed to present substantial evidence to overcome this statutory presumption, particularly in light of conflicting medical evidence and varying descriptions of the decedent's job duties.

Unwitnessed deathWorkers' Compensation Law § 21Presumption of compensabilityBurden of proofConflicting medical evidenceStrenuous work activityCause of deathAppellate reviewDeath benefits claimEmployer appeal

References

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Claim of Boaro v. Kings Park Psychiatric Center

In re the Claim of Schuren v. Wolfson

Workers' CompensationCardiac EventOverexertionDeath BenefitsCausationOrdinary Wear and TearUnusually Hard WorkMedical TestimonyAppellate ReviewClaim Dismissed

Claim of Onody v. County of Oswego D.P.W.