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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
Nov 17, 1977

Daigneault v. Allegheny Ludlum Steel Corp.

The Workers’ Compensation Board found that the claimant developed chronic bronchitis precipitating emphysema, which was causally related to their employment due to exposure to irritating factors, leading to disability. This decision, filed on November 17, 1977, was appealed. The appellate court affirmed the board's determination, concluding that there was substantial medical evidence to support the finding. Costs were awarded to the Workers’ Compensation Board against the self-insured employer.

Chronic BronchitisEmphysemaCausally Related EmploymentDisabilityMedical EvidenceWorkers' Compensation AppealSelf-Insured EmployerBoard Decision
References
1
Case No. MISSING
Regular Panel Decision

Claim of Cramer v. BASF Wyandotte Corp.

This case involves an appeal from a Workers' Compensation Board decision that found an occupationally related disease contributed to the decedent's death. The decedent had bronchitis, an occupational disease, and also aortic stenosis, which caused his death. The key issue was whether the bronchitis contributed to his death by preventing cardiac surgery that would have prolonged his life. Expert medical testimony indicated that the bronchitis made him ineligible for the necessary aortic valve replacement surgery. The appellate court found substantial evidence to support the Board's determination that the bronchitis prevented life-prolonging surgery and affirmed the Board's amended decision.

Workers' CompensationOccupational DiseaseBronchitisAortic StenosisMedical TestimonyCausationSurgical ContraindicationLife ExpectancyAppellate ReviewBoard Determination
References
5
Case No. MISSING
Regular Panel Decision

Edwards v. Neponsit Care Center

On February 16, 1995, while evacuating patients from a fire, claimant, a hospital police officer, suffered smoke inhalation and injuries to his neck, back, and arm. His workers' compensation claim was established for bronchitis, but the case was closed without a finding of permanency. The case was reopened due to ongoing respiratory issues. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board concluded that claimant did not suffer a further causally related disability due to his bronchitis. This decision was affirmed on appeal, citing the testimony of physician Abiola Familusi, who stated that while claimant had chronic bronchitis and rhinitis causally related to the accident, it did not prevent him from returning to his job, provided he avoided smoke exposure.

Smoke InhalationChronic BronchitisChronic RhinitisCausally Related DisabilityHospital Police OfficerRespiratory ProblemsWorkers' Compensation BenefitsMedical Expert TestimonyDisability RetirementWorkers' Compensation Law
References
0
Case No. MISSING
Regular Panel Decision
Sep 27, 1983

Claim of Lemery v. Flintkote Co.

Claimant, who developed acute pharyngitis and bronchitis in 1967, experienced a significant worsening of his respiratory condition in 1973 when his employer changed to a “dry” cement manufacturing process, exposing him to extreme dust. This exposure led to pneumonia, chronic bronchitis, and eventual incapacitation, forcing him to stop working multiple times. After being advised not to return to work under dusty conditions, he was re-employed as a janitor in a dust-free area, and his symptoms diminished. The Workers' Compensation Board found that his employment exposure aggravated a preexisting nondisabling bronchitis into a disabling condition, allowing his claim for benefits. The employer and carrier appealed, arguing that occupational aggravation of a nonoccupational disease is not compensable. The court affirmed the Board's decision, stating that the ultimate test is whether employment causes a disability that previously did not exist.

Occupational DiseaseAggravation of Preexisting ConditionChronic BronchitisCement Dust ExposureDisabilityCausationWorkers' Compensation Board DecisionMedical EvidenceEmployment-Related IllnessRespiratory Illness
References
3
Case No. MISSING
Regular Panel Decision
Jul 28, 1998

Claim of Murphy v. New York City Police Department

The claimant, a welder for 27-28 years, developed chronic irritative bronchitis due to welding fume exposure, distinct from asbestos exposure. He filed for workers' compensation and settled a third-party action against asbestos manufacturers. The Workers’ Compensation Board denied the self-insured employer credit for the third-party settlement, concluding the occupational disease (chronic irritative bronchitis) was not caused by asbestos. The Board reasoned there was no double recovery as the compensation award was for an injury different from the third-party settlement. The self-insured employer appealed this denial, but the decision was affirmed.

Workers CompensationOccupational Lung DiseaseChronic Irritative BronchitisWelding FumesAsbestos ExposureThird-Party SettlementEmployer Credit DenialDouble RecoveryWorkers Compensation Law Section 29Appellate Decision
References
5
Case No. MISSING
Regular Panel Decision

Claim of Jenks v. Airco Speer Carbon Graphite

The Workers’ Compensation Board awarded compensation benefits to the claimant based on a finding of occupational disease. The board determined that the claimant’s prolonged exposure to harmful dusts was a significant factor in causing chronic obstructive pulmonary disease and bronchitis. This determination was supported by credible medical evidence and testimony. The appeals from these board decisions, filed April 8, 1977, and November 15, 1977, were affirmed by the court. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

occupational diseasechronic obstructive pulmonary diseasebronchitisharmful dustsworkers' compensation benefitsappealaffirmed decisionsubstantial evidencemedical evidencetestimony
References
0
Case No. MISSING
Regular Panel Decision
Aug 22, 1978

Claim of Butt v. Landsman Packing Co.

The case involves an appeal from a Workers' Compensation Board decision that found the claimant had a causally related disability after January 21, 1977. This disability stemmed from an industrial accident on July 3, 1973, where the claimant inhaled chlorine gas, leading to acute bronchitis. The Board, relying on medical testimony and reports from Dr. J. Gold, concluded there was a permanent partial disability with moderate ventilatory impairment. The court reviewed the record and affirmed the Board's decision, citing substantial evidence to support its findings.

Workers' CompensationDisabilityCausationMedical EvidenceChlorine Gas InhalationAcute BronchitisPermanent Partial DisabilityVentilatory ImpairmentAppealSubstantial Evidence
References
1
Case No. MISSING
Regular Panel Decision

Claim of Konieczny v. Butterflake Shop

Claimant appealed a decision by the Workers’ Compensation Board, filed December 8, 1977, which ruled that he did not suffer from an occupational disease. The claimant, employed as a baker, was diagnosed with severe chronic obstructive pulmonary disease, asthmatic bronchitis, and emphysema, following a history of heavy smoking. The record contained conflicting medical evidence regarding the link between his employment and his condition. The court affirmed the Board's determination, holding that when medical proof is contradictory, the question of occupational disease is one of fact for the Board, and their finding was supported by substantial evidence, particularly Dr. Riley's testimony.

Occupational DiseaseWorkers' CompensationChronic Obstructive Pulmonary DiseaseAsthmatic BronchitisEmphysemaConflicting Medical EvidenceQuestion of FactSubstantial EvidenceAppellate ReviewMedical Testimony
References
2
Case No. MISSING
Regular Panel Decision
Apr 14, 1978

Claim of Gates v. Gouverneur Talc Co.

This case is an appeal from a Workers’ Compensation Board decision filed on April 14, 1978. The Board found that the claimant suffered from a minimal degree of pneumoconiosis-talcosis but found no significant evidence of causally related bronchitis, nor did the talcosis aggravate the claimant’s underlying cardiac condition. The Appellate Court affirmed the Board's decision, emphasizing that the evaluation of medical evidence is within the Board's prerogative and that its findings were supported by substantial evidence. The court also differentiated the appellant's reliance on Matter of Wall, Matter of House, and Matter of McDonald, deeming them inapplicable to the present circumstances.

Workers' CompensationAppealPneumoconiosis-talcosisOccupational DiseaseCausationMedical EvidenceBoard DecisionAffirmed DecisionBronchitisCardiac Condition
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hollis v. Morelli Masons, Inc.

Claimant applied for workers’ compensation benefits in 2000, alleging occupational diseases from asbestos exposure. A Workers’ Compensation Law Judge initially disallowed the claim, but the Workers’ Compensation Board modified this, establishing the claim for asbestos-related pleural disease and chronic irritative bronchitis. However, the Board denied the claimant the inference that his loss of earnings was attributable to his occupational diseases and remitted the case for further development. The claimant appealed this determination. The Appellate Division dismissed the appeal, ruling that the Board’s decision was interlocutory and not a final determination, thus not properly subject to an appeal at this stage.

Occupational DiseaseAsbestos ExposurePleural DiseaseChronic Irritative BronchitisWorkers' Compensation BenefitsLoss of EarningsInterlocutory AppealAppeal DismissedFinal DeterminationCausally-Related Loss of Earnings
References
2
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