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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
Aug 18, 1977

Claim of Johnson v. International Talc Co.

Claimant's deceased husband, an employee of International Talc Company, developed a partial pulmonary disability, specifically pneumoconiosis and pulmonary emphysema, due to occupational exposure to talc and silicosis dust over 20 years. He filed a compensation claim in May 1973 and died in November 1973. The Workers' Compensation Board determined that while the pulmonary disability was causally related to his occupation, his death was not. Conflicting medical testimonies were presented regarding the extent of disability and the causal link of death to his occupation, with an impartial specialist concurring with the Board's finding on the death. The Appellate Division affirmed the Board's decision, noting that substantial evidence supported the Board's findings and that Section 39 of the Workers' Compensation Law at the time did not permit awards for partial disability resulting from dust disease.

PneumoconiosisSilicosisPulmonary EmphysemaPartial DisabilityDust DiseaseCausal RelationshipMedical EvidenceBoard FindingsAppellate AffirmationStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Sep 17, 1979

In re the Claim of Brod v. Julius Young Mfg. Co.

The claimant, a 64-year-old jewelry polisher, sought workers' compensation for pulmonary emphysema, alleging it was caused by breathing fumes and dust at work. The Workers' Compensation Board disallowed the claim, a decision which was subsequently appealed. The Board's determination was based on medical evidence, specifically the testimony of an Impartial Specialist, Dr. Sydney Bassin, who concluded there was no causal relationship between the claimant's pulmonary condition and their employment. The appellate court affirmed the Board's decision, finding substantial evidence to support its determination.

References
0
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. MISSING
Regular Panel Decision
Nov 17, 1977

Daigneault v. Allegheny Ludlum Steel Corp.

The Workers’ Compensation Board found that the claimant developed chronic bronchitis precipitating emphysema, which was causally related to their employment due to exposure to irritating factors, leading to disability. This decision, filed on November 17, 1977, was appealed. The appellate court affirmed the board's determination, concluding that there was substantial medical evidence to support the finding. Costs were awarded to the Workers’ Compensation Board against the self-insured employer.

Chronic BronchitisEmphysemaCausally Related EmploymentDisabilityMedical EvidenceWorkers' Compensation AppealSelf-Insured EmployerBoard Decision
References
1
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
May 11, 1978

Claim of Krauss v. Hudson Painting Corp.

The claimant sustained a work-related back injury in 1953 and received compensation. In 1968, the injury was classified as a permanent partial disability, and the case was closed after awarding compensation for a 40% loss of earning capacity. The case was subsequently reopened multiple times due to the claimant's allegations of total disability. Upon review, the Board Panel found no medical evidence to support an increase in the claimant's causally related disability, despite records indicating various chronic ailments like obstructive pulmonary disease and emphysema. Consequently, the board's decision was affirmed due to substantial evidence.

Workers' CompensationPermanent Partial DisabilityLoss of Earning CapacityReopened CaseTotal Disability ClaimMedical EvidenceCausally Related DisabilityChronic AilmentsSubstantial EvidenceBoard Panel Decision
References
0
Case No. MISSING
Regular Panel Decision

Jeffers v. Sterling Garrett Coal Co.

The case involves an appeal by a plaintiff, Mr. Jeffers, whose claim for permanent total disability due to coal worker’s pneumoconiosis was denied by the trial court. The appellate court reviewed whether the trial court applied the correct legal standards, specifically those mandated by T.C.A., § 50-1102 which incorporates federal regulations. While medical experts for the plaintiff diagnosed pneumoconiosis and disability, the defendant's expert attributed the major cause of the plaintiff's pulmonary impairment to cigarette smoking and emphysema. The court affirmed the trial court's dismissal, finding material evidence supported the conclusion that the plaintiff's respiratory impairment did not primarily arise from employment in a coal mine, thereby rebutting the statutory presumption of disability due to pneumoconiosis.

PneumoconiosisCoal Miner DisabilityWorkmen's CompensationOccupational DiseaseTotal DisabilityFederal Coal Mine Health and Safety ActRebuttable PresumptionMedical EvidenceEmphysemaCigarette Smoking
References
7
Case No. MISSING
Regular Panel Decision

Claim of Gude v. Elm Coated Fabrics Div. of W. R. Grace Co.

This case concerns an appeal from a Workers’ Compensation Board decision regarding an occupational disease claim. The claimant, employed by Elm Coated Fabrics, developed pulmonary fibrosis and emphysema due to workplace exposure. The central issue was determining the date of disablement to establish liability between two insurance carriers: Maryland Casualty Co. (carrier on initial diagnosis, March 20, 1973) and CNA Insurance Company (carrier on total disablement, August 24, 1973). The Board, affirmed by a referee, set the date of disablement as March 20, 1973, holding Maryland liable and requiring reimbursement to CNA. The employer and Maryland appealed, but the appellate court affirmed the Board's decision, citing substantial medical evidence and precedent supporting the earlier date.

Occupational DiseaseDate of DisablementPulmonary FibrosisEmphysemaCarrier LiabilityMedical Treatment DateWorkers' Compensation Board AppealSubstantial EvidenceReimbursementInsurance Coverage Dispute
References
5
Case No. MISSING
Regular Panel Decision

Claim of Roberts v. Agway, Inc.

This case involves an appeal from a Workers' Compensation Board decision that found an occupational disease and resulting death of claimant's husband due to harmful dust exposure during employment, discharging the Special Disability Fund. Appellants, the employer Agway, Inc. and its insurance carrier, contended that the claim should be reimbursable from the Special Disability Fund under provisions relating to silicosis or other dust diseases. The decedent had incurred chronic bronchitis, diffuse pulmonary emphysema, and chronic corpulmonale, resulting in his death. The court affirmed the prior award to the claimant, stating that cereal grain exposure is not a 'dust disease' covered by the specific Workers' Compensation Law sections for reimbursement from the Special Disability Fund. The board's decision, supported by unanimous medical opinion that the decedent did not suffer from silicosis or other pneumoconiosis, was affirmed.

Occupational DiseaseDust DiseaseWorkers' Compensation LawSpecial Disability FundCausal RelationshipChronic BronchitisPulmonary EmphysemaChronic CorpulmonaleSilicosisPneumoconiosis
References
6
Case No. MISSING
Regular Panel Decision

Thompson v. Celebrezze

This action involves a plaintiff challenging a decision by the Appeals Council of the Department of Health, Education and Welfare, which denied his application for disability benefits under the Social Security Act. The District Judge, BREWSTER, found that the administrative bodies failed to correctly apply the legal standards for determining disability. The court determined that the claimant's ability to engage in substantial gainful activity should not be measured by a theoretical average but by his particular capabilities, considering available employment opportunities. The plaintiff, a 58-year-old man suffering from pulmonary emphysema and fibrosis, was deemed incapable of securing remunerative work due to his unpredictable condition and the need for a respiratory irritant-free environment. The court set aside the Appeals Council's decision, declared the plaintiff entitled to his claim, and remanded the case for further proceedings.

Social Security ActDisability BenefitsAppeals CouncilPulmonary EmphysemaPulmonary FibrosisMedical EvaluationVocational FactorsEmployment BarriersLegal StandardsRemand
References
8
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