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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

DiGiulio v. Gran, Inc.

Mr. DiGiulio suffered a cardiac arrest at a New York Health and Racquet Club in 2006 while on a treadmill, leading to his death. Club employees, including an assistant manager trained in defibrillator use, failed to use an available defibrillator, believing it was locked. The plaintiff argued the club was negligent under common law and violated General Business Law § 627-a (1) by failing to make the defibrillator accessible. The court ruled that Mr. DiGiulio assumed the risk of cardiac arrest by exercising. Furthermore, the court found the club complied with the General Business Law because the defibrillator was accessible, and the employee's poor judgment did not extend liability to the club. Therefore, the defendants' motion for summary judgment was granted, and the complaint was dismissed.

NegligenceHealth Club LiabilityAssumption of RiskDefibrillator AccessCardiac ArrestSummary JudgmentGeneral Business LawEmployee NegligencePremises LiabilityDuty of Care
References
7
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
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. ADJ9179881
Regular
Dec 19, 2014

CURTIS MAUCH vs. CITY OF LODI, YORK RISK SERVICES GROUP, INC.

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the prior decision that required liability for necessary medical treatment. This liability is specifically limited to treatment enabling knee replacement surgery, not for subsequent conditions. The Board adopted the WCJ's reasoning, citing *Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd.* to support the decision. The case involved an applicant needing knee replacement surgery, and the defendant argued that a separate cardiac defibrillator issue was unrelated to the industrial injury.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCity of LodiYork Risk Services GroupAdministrative Law JudgeKnee replacement surgeryCardiac defibrillatorBraewood Convalescent HospitalLabor Code Section 5903Myers
References
8
Case No. 531672
Regular Panel Decision
Mar 04, 2021

Matter of Maldonado v. Doria, Inc.

Claimant Cesar Maldonado sustained a left ankle injury at work, which subsequently led to a causally-related pulmonary embolism (PE) and deep vein thrombosis (DVT). Following further proceedings, a Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board amended the claim to include major depression, posttraumatic stress disorder, and cardiac arrest. The employer and its carrier appealed the inclusion of cardiac arrest, arguing a narrow definition. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial medical evidence, including testimony from pulmonologists Nathan Rothman and Ali Eray Guy, supported the causal relationship between the cardiac arrest and the initial injury, rejecting the carrier's definitional arguments.

Ankle InjuryPulmonary EmbolismDeep Vein ThrombosisCardiac ArrestCausationMedical EvidenceAppellate ReviewExpert TestimonySyncopal EpisodesOccupational Injury
References
8
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
Case No. ADJ1961643
Regular
Sep 22, 2009

STEPHEN PERRYMAN vs. CITY OF SALINAS, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCity of SalinasJT2 Integrated ResourcesADJ1961643SAL 0116326Untimely FilingAward ServiceCardiac Disability
References
6
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 Walsh v. Carolina Freight Carriers Corp.

The Workers' Compensation Board affirmed a decision that the claimant's decedent sustained an accidental injury and causally related death due to strenuous work precipitating a cardiac event. The self-insured employer appealed this decision. The court affirmed the Board's findings, stating that the record supported the decedent's accidental injury and death. It noted medical testimony supporting the causal link between work activities and the cardiac event, dismissing conflicting expert views as a credibility issue for the Board to resolve.

cardiac eventcoronary atherosclerosisstrenuous worktruck driveraccidental injurydeath benefitscausal relationshipmedical testimonycredibility issueWorkers' Compensation Board
References
2
Case No. ADJ4142754 (AHM 0142785) ADJ6726440
Regular
Sep 05, 2013

Joshua Hubbard vs. United Parcel Service, Liberty Mutual Insurance

This case concerns Joshua Hubbard's workers' compensation claims for a cardiac arrest and alleged cumulative trauma. The Workers' Compensation Appeals Board denied reconsideration of the decision to deny Hubbard's claims. The WCJ's report, adopted by the Board, found no medical evidence supported either a cumulative trauma injury or that the specific cardiac arrest arose out of employment. The medical opinions cited by the applicant were found insufficient to establish causation, lacking definitive information regarding work hours and applicable medical theories.

WCABPetition for ReconsiderationDeniedCardiac ArrestCourse of EmploymentArising Out Of EmploymentCumulative TraumaSpecific InjuryMedical EvidenceDr. Dimmick
References
0
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