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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 the Estate of Hurlbutt v. A. J. Cerasaro, Inc.

Decedent, Jack C. Hurlbutt, died after falling from a crane during work. His estate filed a claim, asserting ventricular fibrillation caused by the fall or work-related anxiety. The employer's expert argued a spontaneous, non-work-related event. The Workers' Compensation Board credited the claimant's medical expert, concluding death was due to ventricular fibrillation caused by the trauma of the fall while in the course of employment. The employer appealed, but the court affirmed the Board's decision, citing its prerogative to choose between conflicting medical opinions and finding the statutory presumption of work-relatedness for unwitnessed accidents was not rebutted.

Workers' CompensationUnwitnessed AccidentPresumption of Arising Out of EmploymentVentricular FibrillationCause of DeathMedical Opinion ConflictFact-Finding PowerAppellate ReviewCourse of EmploymentStatutory Presumption
References
4
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Apr 09, 2009

CESAR RAMIREZ vs. TIME WARNER CABLE, ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant Cesar Ramirez did not sustain an industrial injury. The Board found his ventricular fibrillation, which caused a motor vehicle accident, was a spontaneous, non-industrial medical event. The applicant's claim that a sudden stop in traffic caused "shock" leading to the fibrillation was not credited by the Board. Therefore, the applicant failed to prove his injury arose out of and occurred in the course of employment.

Ventricular fibrillationLone ventricular fibrillationSpontaneous eventNon-industrial medical conditionMotor vehicle accidentIndustrial causationReconsiderationPanel Qualified Medical Evaluator (QME)FrankbackIdiopathic seizure
References
2
Case No. MISSING
Regular Panel Decision

Thanning v. Gulotta

Lone Thanning, a former Deputy Medical Examiner-Forensic Pathologist for Nassau County, filed a civil rights action against County Executive Thomas S. Gulotta and Medical Examiner Leslie Lukash. Thanning alleges sexual harassment by Lukash, her direct supervisor, between July 1986 and August 1993, including touching, inappropriate questions, and derogatory comments after she rejected his advances. She claims retaliation led to denial of seniority and termination, for which she filed a complaint with the EEOC. The court granted the defendants' motion to dismiss Title VII claims against Lukash in his individual capacity and barred recovery for seniority denial due to the statute of limitations. However, the motion was denied regarding the sufficiency of hostile work environment claims against the County and the intentional infliction of emotional distress claim against Lukash.

Sexual harassmentTitle VIIHostile work environmentQuid pro quoIntentional infliction of emotional distressIndividual liabilityRespondeat superiorStatute of limitationsCivil Rights Act of 1991Supervisory employee
References
20
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Jun 19, 2009

Cesar Ramirez vs. Time Warner Cable, ESIS, INC.

This case concerns a denial of reconsideration for a workers' compensation claim. The Appeals Board reaffirmed its prior decision that the applicant did not sustain an industrial injury arising from a motor vehicle accident. The applicant's alleged ventricular fibrillation was deemed a spontaneous event unrelated to his employment, and his belated recollection of the accident was not credited as substantial evidence of industrial causation. The Board maintained its authority to reweigh evidence and reject the findings of the administrative law judge.

Workers' Compensation Appeals BoardCesar RamirezTime Warner CableESIS Inc.petition for reconsiderationindustrial causationmotor vehicle accidentlone ventricular fibrillationburden of proofdelayed memory
References
1
Case No. MISSING
Regular Panel Decision

Matter of Black v. Metro. Tobacco

This is an opinion of the court concerning a workers' compensation claim. The case involves a decedent who suffered a fatal heart attack after being informed by his employer of his dismissal. The Workers’ Compensation Board initially found the heart attack to be a compensable accident, a decision later reversed by the Appellate Division. However, the higher court, finding substantial evidence, reversed the Appellate Division's order and reinstated the Board's decision. Expert testimony established that the notification of dismissal was a significant stress factor contributing to ventricular instability, fibrillation, and ultimately, death, thus constituting an accident arising out of and in the course of employment.

Workers' CompensationFatal Heart AttackJob Dismissal StressCompensable AccidentMedical CausationAppellate ReviewBoard ReinstatementNew York LawStress-induced Heart AttackEmployment Termination
References
3
Case No. MISSING
Regular Panel Decision
Jun 13, 2001

Claim of Owoc v. Syracuse University

This case involves an appeal from a Workers' Compensation Board decision that found the death of a maintenance worker, employed by Syracuse University, was causally related to his employment, granting death benefits to his widow. The decedent died from ventricular fibrillation secondary to coronary artery disease after returning home from work. The employer challenged the Board's reliance on a medical opinion regarding causation, arguing it was speculative. However, the court determined that the Board properly weighed conflicting medical expert opinions, particularly crediting Dr. Nash's view that the death was attributable to work at the steam plant. The Appellate Division ultimately affirmed the Board's decision, finding Dr. Nash's opinion to have a rational basis.

Workers' CompensationCausal RelationshipDeath BenefitsVentricular FibrillationCoronary Artery DiseaseMedical Expert TestimonyWorkplace StressSufficiency of EvidenceBoard DiscretionAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Jun 02, 1993

Casas v. 559 Warren Street Realty Corp.

The plaintiff, an employee of Lone Star Construction Corp., suffered two workplace injuries and received Workers' Compensation benefits. Subsequently, he filed personal injury lawsuits against 559 Warren Street Realty Corp. and 95 Bergen Street Realty Corp., owners of the properties where the incidents occurred. The corporate defendants, despite having a common principal shareholder with Lone Star, sought summary judgment, claiming Workers' Compensation exclusivity. The Supreme Court denied their motion and granted the plaintiff's cross-motion to strike their Workers' Compensation defenses. The appellate court affirmed, ruling that the corporate defendants were distinct legal entities from the employer, Lone Star, and thus not shielded from tort liability as co-employees.

Personal InjuryWorkers' Compensation BenefitsSummary JudgmentCorporate EntityTort LiabilityEmployer LiabilityPremises LiabilityAffirmative DefensesAppellate DecisionSeparate Legal Entities
References
4
Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
0
Case No. ADJ 9123567
Regular
Mar 18, 2016

PHILLIP WARD vs. CITY OF FORT BRAGG

The Workers' Compensation Appeals Board denied the City of Fort Bragg's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that the applicant's "left ventricular stiffness" or "diastolic dysfunction" qualified as "heart trouble" under Labor Code section 3212.5. This finding meant the applicant's injury was presumed to be industrially caused, and the defendant failed to rebut this presumption. Therefore, the original award of injury, permanent disability, and medical treatment was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialPhillip WardCity of Fort BraggPolice SergeantCumulative InjuryHeart TroubleHypertensionLabor Code Section 3212.5
References
0
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
4
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