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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

Claim of Adams v. Owens Corning Fiberglass

The Special Disability Fund appealed a Workers’ Compensation Board decision from November 23, 1999, which had discharged the Fund from liability under Workers’ Compensation Law § 15 (8). Initially, a WCB panel ruled that the employer’s carrier was entitled to reimbursement for a claimant's preexisting coronary artery disease. Although the Fund's appeal to this Court was dismissed for failure to prosecute, the full Board later rescinded the panel's decision, finding the carrier's reimbursement claim failed to specify coronary artery disease as a preexisting disability. This Court affirmed the full Board's decision, asserting the Board's plenary authority under Workers’ Compensation Law § 123 to modify its decisions, even after an appeal dismissal. The Court emphasized strict adherence to claim form requirements, noting the carrier's form lacked specific mention of the coronary artery disease, thereby denying the reimbursement claim.

Special Disability FundWorkers' Compensation BoardReimbursementPreexisting DisabilityCoronary Artery DiseaseFailure to ProsecuteBoard AuthorityClaim Form ComplianceAppellate ReviewWorkers' Compensation Law
References
5
Case No. MISSING
Regular Panel Decision

Krick v. City of Lawrenceburg

Larry Krick, a police officer for the City of Lawrenceburg, experienced chest pain and shortness of breath after a stressful incident in 1993 and was subsequently diagnosed with coronary artery disease. Krick sought workers' compensation benefits, claiming the disease arose from his employment. The trial court initially found in his favor, but the Special Workers' Compensation Panel reversed, a decision affirmed by the higher court. The court found that while a statutory presumption of causation for law enforcement officers applied, it was rebutted by competent medical evidence. Expert testimony indicated Krick's heart disease was primarily caused by non-work-related factors like smoking, hypertension, and hyperlipidemia, and the work incident only aggravated symptoms, not the underlying disease. Consequently, the court concluded that Krick failed to establish a causal connection between his employment and his coronary artery disease, thereby reversing the trial court's judgment and dismissing the case.

Coronary Artery DiseasePolice OfficerWorkers' CompensationOccupational DiseaseCausation RebuttalStatutory PresumptionHypertensionHyperlipidemiaSmoking as Risk FactorExpert Medical Testimony
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. ADJ7941925 (VNO 0120392) ADJ2139821 (VNO 0472608)
Regular
Mar 25, 2013

KIM A. ALLEN vs. CITY OF PASADENA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The defendant argued that the WCJ erred in finding industrial causation for the applicant's coronary artery disease, citing res judicata and the issue not being properly raised. However, the Board found no substantial medical evidence supported the finding of industrial injury for the current condition, necessitating further proceedings. The applicant had prior stipulated awards for heart conditions, but the coronary artery disease was alleged as a new problem.

Workers' Compensation Appeals BoardCity of PasadenaPermissibly Self-InsuredFindings of FactInjury AOE/COECoronary Artery DiseaseCardiovascular SystemFirefighterCumulative PeriodRes Judicata
References
2
Case No. MISSING
Regular Panel Decision
Jan 05, 1981

Claim of Tienken v. Dancing Waters, Inc.

The claimant appealed a decision from the Workers’ Compensation Board concerning her husband's death in 1976 due to acute thrombosis of the right coronary artery. Medical experts disagreed on whether his death was work-related; the claimant's expert and an impartial specialist found work activities contributory, while the employer's expert attributed it to pre-existing coronary artery disease. The Board ruled that the death resulted from the natural progression of the disease, not work-related causes. The court affirmed the Board's decision, stating that the conflicting medical evidence created a factual issue for the Board to resolve. The court also found no merit in the claimant's argument that the Board applied the wrong test, concluding that the decision was supported by substantial evidence.

Workers' Compensation Boardmedical expertscausal relationcoronary artery diseaseacute thrombosiswork-related deathsubstantial evidencefactual issueBoard decision affirmedAppellate Division
References
2
Case No. MISSING
Regular Panel Decision

Paul Pittman v. City of Memphis

Paul Pittman, a firefighter for the City of Memphis, appealed the denial of on-the-job injury benefits for coronary artery disease. Pittman had been diagnosed with hypertension and received OJI benefits since 1996. In 2005, he was diagnosed with coronary artery disease, but his claim for related benefits was denied by the City based on a physician's opinion (Dr. Davis) that found no causal connection to his occupation. An Administrative Law Judge initially ruled that while Pittman was entitled to a statutory presumption of job-relatedness under Tennessee Code Annotated § 7-51-201, the City successfully rebutted this presumption with competent medical proof. The Chancery Court for Shelby County affirmed the ALJ's decision. This Court affirmed the trial court's judgment, concluding that the City provided sufficient medical evidence to rebut the presumption, and Pittman failed to prove causation by a preponderance of the evidence.

Firefighter BenefitsHypertensionHeart DiseaseCoronary Artery DiseaseStatutory PresumptionBurden of ProofMedical EvidenceAdministrative LawJudicial ReviewCausal Connection
References
9
Case No. 2020-02-0545
Regular Panel Decision
Oct 21, 2021

Cody, Dan v. G.UB.MK Constructors

The employee, Dan Cody, alleged an occupational disease (coronary artery disease and hypertension) due to coal fly ash exposure while working for G.UB.MK Constructors. The employer moved to dismiss or for summary judgment, arguing the employee had not established a compensable occupational illness or an incapacity for work. The trial court denied this motion, citing genuine issues of material fact. The Tennessee Workers' Compensation Appeals Board affirmed the trial court's decision, finding the employer failed to meet its burden for summary judgment. The Board clarified that employees may be entitled to medical benefits for occupational diseases even if they haven't yet experienced a total or partial incapacity for work, affirming reliance on prior Supreme Court precedent.

Occupational DiseaseCoal Fly Ash ExposureWorkers' Compensation LawSummary JudgmentMotion to DismissCompensabilityMedical BenefitsPartial Incapacity for WorkCoronary Artery DiseaseHypertension
References
15
Case No. MISSING
Regular Panel Decision

Claim of McMicking v. City of Niagara Falls

The case involves an appeal from a Workers’ Compensation Board decision denying occupational disease and death benefits to the claimant's decedent. The decedent, a former motorcycle policeman, suffered a cerebral concussion and fractures in 1979, and two heart attacks in 1980 and 1981, ultimately leading to his death. While the claimant's doctor argued a causal link between the decedent's stressful employment and coronary artery disease, the employer's cardiologist found no connection. The Workers' Compensation Board reversed an initial award, concluding that the decedent's work did not involve undue physical or emotional stress, a finding that was affirmed on appeal given the Board's authority to resolve conflicting medical opinions.

Occupational DiseaseDeath BenefitsCausally Related DisabilityCoronary Artery DiseaseHeart AttackPolice EmploymentWork-Related StressConflicting Medical EvidenceWorkers' Compensation Board DecisionAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Leveski v. Dic Underhill Joint Venture

The claimant, employed by Die Underhill Joint Venture as a drill runner, developed pneumoconiosis (silicosis) due to his occupation and also suffered from coronary artery disease. He stopped working in December 1975 and applied for workers' compensation benefits for silicosis. The Workers' Compensation Board initially found him totally disabled by his non-work-related coronary condition, rescinding a referee's award, a decision the claimant did not appeal. In August 1979, the claimant sought to reopen his case, but the Board denied this application in February 1980. The appellate court affirmed the Board's denial, ruling that the claimant failed to demonstrate a change of condition or present newly discovered evidence as required for reopening a case.

Workers' CompensationSilicosisOccupational DiseaseCoronary Artery DiseaseMedical TreatmentReopening CaseAppellate ReviewAbuse of DiscretionChange of ConditionNewly Discovered Evidence
References
3
Case No. MISSING
Regular Panel Decision
Aug 11, 1977

Claim of Maynard v. Industrial Welding Corp.

Claimant suffered a myocardial infarction in April 1972, returning to work in January 1973 with restrictions. Work demands gradually increased, leading to heavy lifting similar to pre-infarction levels by August 1973. On August 29, 1973, claimant experienced multiple onsets of chest pain at work, which the Workers’ Compensation Board found to be an accidental injury aggravating pre-existing heart damage and necessitating coronary artery bypass surgery in September 1974. The appellate court, however, found insufficient evidence to support the board's conclusion that an accidental injury occurred on August 29, 1973, or that the post-August 29 coronary insufficiency was work-related, stating that the work merely exposed a pre-existing disease without causing further damage. The decision of the Workers' Compensation Board was reversed and the matter remitted.

Workers' CompensationMyocardial InfarctionAccidental InjuryCoronary InsufficiencyPre-existing ConditionCausationMedical TestimonySubstantial EvidenceReversalRemittitur
References
3
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