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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. MISSING
Regular Panel Decision

Claim of Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
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. MISSING
Regular Panel Decision
Apr 25, 1979

Woodward v. Black Clawson/Dilts Div.

The Workers' Compensation Board found the claimant's cardiac disability and surgery were causally related to an accidental injury on January 12, 1972, based on the testimony of Dr. A. Black. The court affirmed this decision, finding substantial evidence in the record to support the board's determination. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

cardiac disabilitycardiac surgeryaccidental injurycausal relationshipmedical testimonyWorkers' Compensation Boardappeal affirmedemployer liabilityinsurance carrier liabilitysubstantial evidence
References
0
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
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
Case No. MISSING
Regular Panel Decision

Claim of Millar v. Town of Newburgh

An employer and its insurance carrier appealed a Workmen’s Compensation Board decision that awarded death benefits to a claimant, alleging the decedent suffered a compensable acute myocardial infarction due to emotional strain. The board found the decedent's stress, caused by the employer dividing his supervisory duties and hiring a new, higher-paid employee, led to his cardiac event and subsequent death. The appellate court acknowledged medical proof of causal relationship and precedents linking business pressures to compensable cardiac events. However, it reversed the decision, ruling that emotional upset stemming from an employer's legitimate business decisions, even if medically linked to a cardiac event, does not constitute a compensable industrial accident, dismissing the claim.

Workmen's CompensationMyocardial InfarctionEmotional StrainCausal RelationshipCompensable AccidentEmployment DecisionsAppellate ReviewDeath BenefitsEmployer LiabilityIndustrial Accident Scope
References
7
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