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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 Wilson v. Tippetts-Abbott-McCarthy-Stratton

The claimant, a 61-year-old civil engineer with a history of hypertension, suffered a paralyzing stroke in 1959 while working in Canada. He contended the stroke was caused by an hour-long radiophone altercation with a superior regarding a report. Conflicting testimony existed on the argument's intensity and causal relationship. The court referenced prior cases on emotional tension leading to accidents under the Workmen's Compensation Law. Ultimately, the board's finding that the argument did not involve greater emotional strain than typical work irritations was sustained, and the decision to disallow the claim was affirmed.

Accidental InjuryEmotional TensionCardiovascular ProblemsWork-Related StrokeCausal RelationshipWorkmen's Compensation BoardSubstantial EvidenceClaim DisallowanceAppeal DecisionEmployer Dispute
References
6
Case No. 2018-07-0418
Regular Panel Decision
Feb 14, 2019

Chamberlain, Jeanie v. Cracker Barrel Old Country Store, Inc.

Ms. Jeanie L. Chamberlain, a retail associate at Cracker Barrel Old Country Store, Inc., suffered a stroke on July 1, 2017, which she alleged was caused by a stressful conversation with management regarding a coworker's racial comment. She sought medical and temporary disability benefits, but the Court denied her request. The Court found insufficient medical proof to establish that her stroke arose primarily out of her work meeting, as the physicians' statements did not conclude a more than fifty-percent contribution from work-related stress, nor did they fully consider her extensive history of uncontrolled hypertension. Additionally, her claim was barred due to her failure to provide proper notice of a work-related injury to her employer within the statutory fifteen days, prejudicing Cracker Barrel's ability to investigate the incident.

StrokeHypertensionWorkers' Compensation ClaimsExpedited HearingCausationNotice of InjuryMedical ProofEmployee BenefitsEmployer LiabilityWork-related Stress
References
3
Case No. MISSING
Regular Panel Decision

Santos v. American Museum of Natural History

Guaquin Garcia died after a scaffold fall during renovations at a building leased by the American Museum of Natural History. His estate sued the Museum and the general contractor for wrongful death. The Museum moved for summary judgment, arguing it lacked Labor Law liability as it didn't own, contract for, or supervise the work. The Supreme Court denied this motion, but on appeal, the order was reversed. The appellate court found the Museum, as a lessee, was not liable under Labor Law § 240, having neither contracted for nor supervised the renovation work, and thus lacked authority over safety measures.

Wrongful DeathScaffold AccidentLabor Law Section 240Summary Judgment AppealPremises LiabilityLessee LiabilityRenovation ProjectWorksite SafetyAppellate CourtBuilding Owner Responsibility
References
2
Case No. MISSING
Regular Panel Decision

Claim of Haines v. Kip Sheldon Trucking Co.

Claimant sustained a closed head injury and left carotid artery dissection, leading to a stroke, following a rollover motor vehicle accident during employment. His request for workers' compensation benefits was disputed by the employer, who argued the stroke predated the accident due to prior medical conditions. Conflicting medical opinions were presented regarding the stroke's causal relation to the accident. The Workers’ Compensation Board found the stroke to be causally related, a decision affirmed on appeal. The court found substantial evidence supported the Board's conclusion that the stroke occurred after and as a result of the accident.

Workers' CompensationCausationStrokeMotor Vehicle AccidentCarotid DissectionMedical OpinionConflicting Medical EvidenceAppellate ReviewSubstantial EvidenceTrauma-Induced Injury
References
5
Case No. 536047
Regular Panel Decision
Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence
References
16
Case No. ADJ8967872
Regular
Jan 31, 2018

FERNANDO FERNANDEZ vs. HALEX CORPORATION, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, rescinding a prior finding that denied a neurology PQME. The Board found that there was ample evidence, including a treater's recommendation and the applicant's medical history of a stroke, to support the request. The WCAB determined that denial of the PQME would cause significant prejudice and irreparable harm to the applicant. Therefore, an order was issued granting the applicant's request for an additional neurology Qualified Medical Evaluator panel.

Petition for RemovalPanel Qualified Medical EvaluatorNeurology PQMEIndustrial InjuryIntracranial HemorrhageAnticoagulationPulmonary EmbolismsDeep Venous ThrombosisStrokePrimary Treating Physician
References
3
Case No. ADJ8-481702
Regular
May 30, 2017

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

This case involves a worker who suffered orthopedic injuries from a fall and subsequently had a stroke in the hospital. The Appeals Board granted reconsideration, finding the stroke to be a compensable consequence of the industrial injury. This was based on the expert opinion that the necessity to withhold anticoagulation medication due to the orthopedic injuries directly increased the risk of the stroke. Therefore, the Board amended the original order to include the stroke as industrially caused, remanding the case for further proceedings.

Salvatore PuccioOnline Graphics and FinishingEmployers Compensation Insurance CompanyADJ8-481702Petition for ReconsiderationCompensable ConsequenceIndustrial InjuryAtrial FibrillationCerebral Vascular AccidentAnticoagulant Therapy
References
6
Case No. MISSING
Regular Panel Decision

In Re Mensch

Henry Mensch, the debtor, filed for Chapter 7 bankruptcy. He failed to appear at his Section 524(d) discharge hearing due to a disabling stroke, leading to a legal question regarding the mandatory attendance requirement. The court reviewed relevant statutes and legislative history, as well as prior case law, to determine if a debtor could be excused from personal appearance. It concluded that a debtor with a valid, sufficient excuse, who does not intend to reaffirm any debts and is to be granted a discharge, is not required to attend the Section 524(d) hearing. The court ultimately granted Henry Mensch's discharge.

BankruptcyChapter 7Discharge HearingDebtor AppearanceSection 524(d)Statutory InterpretationLegislative IntentMedical ExcuseReaffirmation of DebtsBankruptcy Code
References
14
Case No. MISSING
Regular Panel Decision
Nov 02, 1995

Claim of Connelly v. Connelly

The claimant appealed a Workers’ Compensation Board decision from November 2, 1995, which found no causal relationship between the decedent's death and his employment as a workers' compensation attorney. The 55-year-old decedent, who had a history of hypertension and obesity, died from an acute vascular event or stroke. Medical experts presented conflicting testimony regarding the cause of death, with claimant's experts attributing it to work-related stress and the carrier's expert to untreated health conditions. The court affirmed the Board's decision, ruling that the Board's resolution of conflicting medical evidence was supported by substantial evidence.

Workers' CompensationCausal RelationshipEmployment-related DeathStrokeHypertensionObesityMedical Expert TestimonySubstantial EvidenceAppellate ReviewBoard Decision
References
1
Case No. MISSING
Regular Panel Decision

Houser v. Bi-Lo, Inc.

This workers' compensation case involves the appeal by the widow of Phil Houser against Bi-Lo, Inc., after the denial of benefits for Houser's stroke. Houser, a grocery store manager, suffered a stroke after becoming upset over an unexpectedly large stock order. He later suffered a fatal second stroke. The trial court denied benefits, reasoning that managing large stock shipments was not an unusual circumstance for a grocery store manager. The Supreme Court affirmed this decision, holding that the stroke was not caused by mental or emotional stress of an unusual or abnormal nature, a requirement for compensability. The Court emphasized that ordinary occupational stresses do not justify workers' compensation benefits, thus upholding the denial.

Workers' CompensationStrokeMental StressEmotional StimulusArising Out of EmploymentCourse of EmploymentUnusual or Abnormal NatureOccupational StressCausal ConnectionGrocery Store Manager
References
13
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