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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 Filipowicz v. De Laval Separator Co.

This case concerns an appeal by an employer and carrier challenging an award for total disability due to silicosis. It was conceded that the claimant suffered from silicosis and was permanently and totally disabled. Appellants argued that there was no proof of injurious exposure during the claimant's last employment with the employer. However, evidence showed the claimant worked as a trucker in the employer's rubber plant, where he was exposed to talc containing silica. The board found sufficient evidence of a causal relationship between this exposure and the claimant's disability, thus affirming the award.

SilicosisOccupational DiseaseTotal DisabilityInjurious ExposureTalc ExposureFoundry WorkerRubber PlantWorkers' Compensation BoardCausal Relation
References
2
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 Bishop v. St. Joe Minerals

The claimant, who worked in lead mines for St. Joe Minerals, filed a workers’ compensation claim in 1943 for silicosis, initially found to be a partial disability. After returning to work, his treating physician reported total disablement in 1978, prompting the claimant to reopen his silicosis claim. The Workers’ Compensation Board determined the claim was timely, refused to shift liability to the Special Fund, and found the claimant became permanently disabled from silicosis on September 13, 1976. The employer appealed, contending the claim was barred by Workers’ Compensation Law § 123 and that liability should have been shifted to the Special Fund under Workers’ Compensation Law § 25-a. The appellate court affirmed the Board's decisions, ruling that the Board's determination of the disablement date was a factual question supported by substantial evidence and that the seven-year limitation period commenced from this date, making the reopening timely and precluding the shifting of liability.

SilicosisOccupational DiseaseTotal DisabilityPartial DisabilityReopened CasesStatute of LimitationsDate of DisablementSpecial FundAppellate ReviewMedical Report
References
6
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

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

Hinton v. Acme Steel & Malleable Iron Works

Claimant, an employee of Acme Steel & Malleable Iron Works from 1950-1970, developed silicosis due to dust exposure. His initial workers' compensation claim in 1970 was denied due to only partial disability. In 1980, the case was reopened as his condition worsened to total disability. After numerous hearings and appeals, the Workers' Compensation Board found claimant totally disabled by silicosis causally related to his employment, with a disablement date of May 30, 1979. The Board held Acme, self-insured in 1970 (last exposure date), liable over the State Insurance Fund (Acme's insurer in 1979). Acme and the Special Funds Conservation Committee appealed, but the appellate court affirmed the Board's decisions regarding occupational disease, causation, and coverage, finding ample support in medical testimony.

SilicosisOccupational DiseaseTotal DisabilityWorkers' Compensation BenefitsReopened ClaimDate of DisablementEmployer LiabilitySelf-InsuranceSpecial Disability FundMedical Evidence
References
13
Case No. MISSING
Regular Panel Decision

Claim of Barreca v. Fredonia Seed Co.

This case involves an appeal from the Workers' Compensation Board's decisions filed on July 13, 1978, and November 21, 1978. The Board awarded the claimant total disability compensation for silicosis, an occupational disease. The decision was based on evidence of 26 years of dust exposure and medical testimony from Dr. V. Cohen. The court found substantial evidence to support the Board's findings and, therefore, affirmed the decisions. Costs were awarded to the Workers' Compensation Board against the employer and its insurance carrier.

SilicosisOccupational DiseaseTotal DisabilityMedical TestimonyDust ExposureAppellate ReviewWorkers' Compensation Board DecisionAffirmation of DecisionSubstantial EvidenceIndustrial Disease
References
0
Case No. MISSING
Regular Panel Decision

Walker v. Corinno Civetta Construction Corp.

This case concerns an asbestos worker's claim for workers' compensation due to silicosis. The claimant initially filed against Corinno Civetta Construction Corporation in 1985, securing an award. After a brief period of re-employment with Urban Foundation Company, Inc., a second claim was filed. The Workers’ Compensation Board ultimately affirmed Corinno's liability for the initial period of disability, overturning a Workers’ Compensation Law Judge's decision that had shifted sole responsibility to Urban. The court upheld the Board's determination, concluding that the claimant's disabling condition originated during his employment with Corinno, prior to his later work with Urban.

Asbestos ExposureSilicosisOccupational DiseaseEmployer LiabilityWorkers' Compensation ClaimDisability BenefitsApportionment of LiabilityMedical EvidenceAppeal DecisionBoard Review
References
3
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

Claim of Murphy v. Olean Tile Co.

The case involves an appeal by an employer and its carrier from a Workmen’s Compensation Board decision regarding a claimant's silicosis. The claimant, exposed to silica dust from 1927-1947, stopped work in April 1956 due to the condition. The appellants argued disablement wasn't within two years of last exposure under section 44-a. Initially, a Referee awarded compensation, setting the disablement date as April 6, 1956, which the Board later affirmed after further evidence of exposure in the last four weeks of employment. The court affirmed the decision, finding substantial evidence of exposure and applying a retroactive amendment to section 44-a that deems claims compensable if disablement occurs during continued employment or two years thereafter when an employee is transferred from injurious to non-injurious exposure.

SilicosisOccupational DiseaseWorkmen's Compensation LawSection 44-aInjurious ExposureDisablementRetroactive ApplicationAppellate ReviewMedical TestimonyEmployer Liability
References
1
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