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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 Di Nicola v. Crucible Steel, Inc.

Claimant Samuel Di Nicola became disabled from obstructive pulmonary disease, an occupational disease, as a result of his 11-year employment by the self-insured employer, Crucible Steel. He worked in conditions with poor ventilation and significant dust, leading to respiratory complaints that began in 1971. Medical experts, Dr. Enders and Dr. Sipple, diagnosed chronic obstructive pulmonary disease aggravated by industrial exposure, while Dr. Miller, initially skeptical, conceded a possible work-related link. The employer appealed the Workers’ Compensation Board's finding of occupational disease and continuing disability, arguing it was contrary to case law. The court affirmed the board's decision, finding its classification consistent with prior rulings and supported by substantial medical evidence that the work environment aggravated claimant's pre-existing bronchitis and asthma.

Occupational DiseasePulmonary DiseaseChronic Obstructive Pulmonary DiseaseIndustrial ExposureDust ExposureBronchitisAsthmaWorkers' CompensationMedical EvidenceDisability
References
8
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
Aug 12, 1998

Claim of Cocco v. New York City Department of Transportation

Claimant, a bridge painter for 36 years, was diagnosed with chronic obstructive pulmonary disease, leading to total disability since June 1993. The Workers’ Compensation Board found that his work for the employer aggravated a previously dormant and non-disabling pulmonary condition, deeming it an occupational disease under Workers’ Compensation Law § 3 (2) (30). The employer appealed this decision. The court differentiated between the aggravation of active versus dormant conditions, requiring a distinctive employment feature to activate a dormant one. It was determined that the claimant's exposure to noxious substances from sandblasting, paint stripping, and spraying red lead paint constituted such a feature. Expert testimony supported that the claimant's pulmonary condition was dormant and that his work exposure caused the disability, leading to the affirmation of the Board's decision.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseAggravation of Preexisting ConditionBridge PainterNoxious Substances ExposureSandblasting HazardsCausation in WCDormant Condition ActivationSubstantial Evidence ReviewWorkers' Compensation Board Appeal
References
7
Case No. MISSING
Regular Panel Decision

Claim of Imbriani v. Berkar Knitting Mills

Decedent, a heavy smoker, worked for 30 years in the textile industry, with the last five years exposing him to airborne cotton dust. He developed chronic advanced obstructive pulmonary disease, emphysema, and byssinosis, leading to total disability. A Workers' Compensation Law Judge (WCLJ) initially found his disability was due to byssinosis, an occupational disease, and awarded benefits. The employer did not appeal. Upon decedent's death a year later from cardiopulmonary arrest linked to his pulmonary disease and byssinosis, his widow filed for death benefits. A subsequent WCLJ reversed the prior finding of byssinosis, claiming insufficient evidence and lack of exposure to raw cotton. The Workers’ Compensation Board affirmed this reversal. The Appellate Division reversed the Board's decision, finding it arbitrary and capricious because the employer had not appealed the initial finding of byssinosis, making it final and binding. The Court also concluded that the Board's finding that death was unrelated to compensable byssinosis lacked record support, as medical testimony indicated byssinosis was a contributing factor. The case was remitted for further proceedings.

Occupational DiseaseByssinosisWorkers' CompensationPulmonary DiseaseEmphysemaCotton Dust ExposureCausal RelationshipDeath BenefitsRes JudicataCollateral Estoppel
References
8
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Claim of Webb v. Cooper Crouse Hinds Co.

In 1997, Jerry Webb (decedent) was found to have a permanent partial disability, 75% due to occupational lung disease. He died in October 2005, with his death certificate citing chronic obstructive pulmonary disease due to asbestosis as the cause of death. A Workers’ Compensation Law Judge awarded death benefits to his wife (claimant), a decision affirmed by the Workers’ Compensation Board, finding a causal relationship between his death and the occupational disease. The employer appealed, arguing the Board applied an incorrect standard of review and improperly failed to apportion death benefits. The Appellate Division affirmed the Board's decision, concluding that sufficient credible medical evidence supported the causal link and that death benefits are not subject to apportionment between work-related and non-work-related causes.

Workers' CompensationOccupational DiseaseAsbestosisChronic Obstructive Pulmonary DiseaseDeath BenefitsCausal RelationshipMedical EvidenceApportionmentAppellate ReviewTreating Physician Testimony
References
16
Case No. MISSING
Regular Panel Decision
Jan 15, 2010

Claim of Castelli v. NRG

The claimant developed asbestosis and chronic obstructive pulmonary disease due to asbestos exposure during employment, with a disablement date of November 13, 2008. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, but the Workers' Compensation Board denied the application. This denial was based on 2007 amendments to Workers’ Compensation Law § 15 (8) that closed the Fund to claims with disablement dates after July 1, 2007. The employer appealed, arguing the time limit was inapplicable to dust disease claims and that statutory definitions supported their interpretation. The Court affirmed the Board's decision, concluding that the statutory language and legislative history unequivocally intended to close the Fund to all new claims, including dust diseases, with disablement dates post-July 1, 2007.

asbestosasbestosischronic obstructive pulmonary diseaseSpecial Disability FundWorkers' Compensation Law § 15(8)2007 amendmentsdate of disablementdust diseaseoccupational diseasereimbursement claim
References
5
Case No. MISSING
Regular Panel Decision
Feb 16, 2006

Claim of McDonald v. Water Tunnel Contractors

The claimant, a former sand hog, filed for workers' compensation benefits after being diagnosed with occupational lung diseases, including chronic obstructive pulmonary disease (COPD) and silicosis. Initially, the Workers' Compensation Law Judge (WCLJ) established the case for COPD and silicosis, and classified claimant with a permanent partial disability, leading to awards. The employer's carrier sought reimbursement from the Special Disability Fund for silicosis-related benefits, as per Workers’ Compensation Law § 15 (8) (ee). However, a subsequent WCLJ decision, prompted by the Special Disability Fund, found no disability due to silicosis, thereby denying reimbursement. The Workers' Compensation Board reversed this WCLJ decision, ruling that the Special Disability Fund lacked standing to challenge the diagnosis and was liable for reimbursement. This Court reversed the Board's decision, affirming that the Special Disability Fund has standing to challenge the diagnosis affecting its reimbursement liability, and found no substantial medical evidence in the record to support a finding of disability due to silicosis. Consequently, the Special Disability Fund is not required to reimburse the carrier for silicosis, and the case is remitted to the Board for further proceedings to determine if claimant suffers from another qualifying dust disease for which reimbursement may be applicable.

Workers' Compensation LawSpecial Disability FundSilicosisOccupational Lung DiseasePermanent Partial DisabilityReimbursement ClaimsStandingSubstantial EvidenceAppellate ReviewMedical Diagnosis
References
10
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

Claim of Kavanaugh v. Empire Mutual Insurance Group

Claimant's 59-year-old decedent, an underwriter, died suddenly at work, with the death certificate citing chronic obstructive pulmonary disease and chronic ethanolism. Claimant sought death benefits, asserting that work-related stress from overtime precipitated a cardiac-related death, a theory supported by her medical expert, Dr. Seymour Cutler, who contradicted the death certificate. The employer's expert, Dr. J.D. Matis, attributed death solely to alcoholism. The Workers’ Compensation Board found the death causally related to employment, prompting the employer's appeal. The appellate court affirmed the Board's decision, ruling that the claimant's testimony regarding work stress was sufficiently corroborated and Dr. Cutler's medical opinion was probative, ultimately concluding that the stress constituted an accidental injury.

Death BenefitsWork-related StressCausal RelationshipCardiac EventExpert Medical OpinionCorroboration of TestimonyWorkers' Compensation Board AppealAccidental InjuryOvertime PressureSufficiency of Evidence
References
8
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