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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

Cooley v. New York State Police

In January 1985, a State Trooper experienced a heart attack, leading him to file a workers' compensation claim asserting work stress and wood-cutting for fitness as causes. The State Insurance Fund controverted the claim, arguing the heart attack was due to wood-cutting for a personal second job. Initially, a Workers' Compensation Law Judge found occupational disease and awarded benefits, but the Workers' Compensation Board later rescinded this decision, determining that the claimant was not under undue work stress and his heart attack stemmed from personal activity. This appeal affirmed the Board's disallowance, citing substantial evidence that the personal wood-cutting precipitated the heart attack, rather than work-related stress. The court found medical evidence of job-related causation speculative and upheld the Board's resolution of conflicting medical opinions.

Heart AttackOccupational DiseaseJob StressPersonal ActivityCausal RelationshipMedical OpinionSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardClaim Disallowance
References
7
Case No. MISSING
Regular Panel Decision
Feb 17, 1984

Claim of Carpino v. Treasure Chest Restaurant

Claimant's husband, a chef, suffered a heart attack at work and a fatal second heart attack five days after release from the hospital. The Workers’ Compensation Board concluded that his work efforts precipitated the heart attack and his subsequent death was causally related to his employment, awarding death benefits. The employer appealed, arguing a preexisting coronary artery disease and insufficient notice, citing the need for more strenuous work than ordinary life. The court affirmed the Board's decision, finding substantial evidence that the decedent's job required long hours, a hot kitchen, and heavy lifting, which was strenuous for him. The court noted that the Board is free to choose among conflicting expert medical opinions regarding causal relationship, and their decision was supported by substantial evidence.

Workers' CompensationHeart AttackCausal RelationshipStrenuous WorkPreexisting ConditionExpert TestimonySubstantial EvidenceDeath BenefitsNoticeAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Doersam v. Oswego County Department of Social Services

The dissenting opinion by Mikoll, J., with Levine, J., argues to affirm the Workers’ Compensation Board's decision that the claimant's heart attack was work-related. The dissent references a series of cases, including *Matter of Klimas v Trans Caribbean Airways* and *Matter of Masse v Robinson Co.*, establishing that work-related stress, without further physical incident, can constitute an accidental injury. The Board found the claimant's job consistently stressful, with specific incidents increasing this stress, exacerbating preexisting hypertension and worsening blood pressure, leading to a heart attack on November 26, 1982. The dissent contends that substantial evidence supports the Board's determination, citing testimony from the impartial specialist and the employer's medical expert which, despite not ruling out causality, acknowledged the role of stress. The opinion concludes that the Board rationally found that the claimant's demanding work and subsequent cardiac symptoms from a frightening incident caused the heart attack.

Heart AttackWork-Related StressCausalityDissenting OpinionSubstantial EvidenceOccupational InjuryHypertensionCardiac SymptomsBoard DecisionMedical Opinion
References
4
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. MISSING
Regular Panel Decision

Bauer v. Female Academy of the Sacred Heart

This case concerns Keith Bauer, a window cleaner, who was severely injured after falling from a third-story window while working for Environmental Service Systems at the Female Academy of the Sacred Heart. The accident occurred due to a safety hook becoming stuck on a square anchor, which violated Industrial Code standards. The primary legal issues were whether claims under Labor Law § 202 and Labor Law § 240 (1) could coexist, and if Labor Law § 202 imposed strict liability or comparative negligence. The Court of Appeals held that both Labor Law claims can be pursued simultaneously and determined that Labor Law § 202 is a comparative negligence statute, not a strict liability one. The court modified previous rulings by reinstating the plaintiff's Labor Law § 240 (1) claim for further proceedings, while affirming the comparative negligence approach for the Labor Law § 202 claim.

Window Cleaner InjuryLabor LawStrict LiabilityComparative NegligenceSafety AnchorsIndustrial Code ViolationConstruction SafetyThird-Party ActionStatutory InterpretationAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Claim of Joslyn v. Oneida County Sheriff's Department

Decedent, an Operations Lieutenant for the Oneida County Sheriffs Department, suffered a severe myocardial infarction in 1992 after a stressful shift change from day to night. He subsequently lived in a neurovegetative state for four years before dying in 1996 from congestive heart failure. Workers’ compensation claims for both lifetime and death benefits were filed. Medical testimony, including that of an impartial medical specialist, linked the work-related stress from the shift change as a significant contributing factor to his heart attack and subsequent death, despite other pre-existing conditions. The Workers’ Compensation Law Judge awarded benefits, a decision upheld by the Workers’ Compensation Board. The employer appealed, contending insufficient proof of an "accident" or causal relationship. The Appellate Division affirmed the Board's decisions, finding substantial evidence to support the conclusion that the fatal heart attack was causally related to decedent's employment.

Workers' Compensation AppealWork-related StressMyocardial InfarctionShift ChangeCausationCompensable DeathAppellate AffirmationEmployer ResponsibilityMedical Expert TestimonySubstantial Evidence
References
8
Case No. MISSING
Regular Panel Decision

Missionary Sisters of the Sacred Heart, Inc. v. Dowling

This nonpayment proceeding addresses respondents Robert and Jessica Dowling's motion to dismiss, alleging petitioner Missionary Sisters of the Sacred Heart, Inc. failed to comply with the Fair Debt Collection Practices Act (FDCPA). The court examined whether the rent demand and the petition constituted 'communications' under the FDCPA, ultimately concluding they did not violate the Act's provisions in this context. Furthermore, the court determined that even if an FDCPA violation occurred, it would not serve as a defense to the underlying eviction proceeding. The decision also rejected the argument that state law (RPAPL) is preempted by federal FDCPA, finding that the two can be reconciled. Consequently, the court denied the respondents' motion to dismiss in its entirety.

FDCPADebt CollectionNonpayment ProceedingRent DemandMotion to DismissStatutory PenaltiesPreemption DoctrineCreditor-Debtor RelationsSummary EvictionFormal Pleadings
References
22
Case No. ADJ9365063
Regular
Dec 30, 2016

SABRINA RICCIO vs. STATE COMPENSATION INSURANCE FUND, legally uninsured, adjusted by, THE HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the applicant's psyche injury was not predominantly caused by actual employment events and that her internal injuries were not compensable as they were caused by stress. The Board affirmed the WCJ's findings, clarifying that the physical injury (heart attack) caused the psychiatric injury, making the heart attack compensable as a physical injury. The Board also distinguished this case from situations where a physical condition is solely the result of a non-compensable psychiatric injury.

AOE/COEpsychiatric injuryphysical injurystresscausation of injurycausation of disabilityapportionmentcompensable consequencemental-physical injuryLabor Code § 3208.3
References
9
Case No. 2019 NY Slip Op 05834
Regular Panel Decision
Jul 25, 2019

Matter of Issayou v. Issayuou Inc.

Claimant, a hair salon owner, suffered a myocardial infarction at work. She filed for workers' compensation benefits, asserting that stressful interactions with customers caused her heart attack and consequential depression and anxiety. The employer and carrier controverted the claim, leading to conflicting medical testimony. The Workers' Compensation Board disallowed the claim, finding that the heart attack did not arise out of and in the course of her employment. The Appellate Division affirmed the Board's decision, concluding that the stress experienced by the claimant was not greater than that encountered by other similarly situated workers and that her conditions were not causally related to her employment.

Workers' CompensationMyocardial InfarctionCausationStress-related InjuryPreexisting ConditionMedical Opinion ConflictSubstantial EvidenceAppellate ReviewHeart AttackEmployment Stress
References
9
Case No. MISSING
Regular Panel Decision
Sep 27, 1983

MATTER OF GATES v. McBRIDE TRANSP., INC.

The Workers' Compensation Board found that the claimant's heart attack was causally related to his employment, a finding supported by substantial evidence. This evidence included the claimant's testimony regarding irritation from a phone call that required him to redo a morning's work, and the proximity of the heart attack to this stressful event. Additionally, medical testimony corroborated the causal relationship. The Appellate Division erred by reversing the Board's determination despite the presence of substantial supporting evidence. Consequently, the Court of Appeals reversed the Appellate Division's order and reinstated the Workers' Compensation Board's original determination.

Workers' CompensationHeart AttackCausal RelationshipSubstantial EvidenceAppellate ReviewEmployment StressMedical TestimonyReversalNew York Court of Appeals
References
1
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