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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2020 NY Slip Op 03839 [185 AD3d 1198]
Regular Panel Decision
Jul 09, 2020

Matter of Renko v. New York State Police

Claimant, an auto body mechanic for the State Police, performed maintenance on vehicles exposed to World Trade Center toxins. After being diagnosed with prostate cancer, he filed a workers' compensation claim, alleging a causal link to the toxin exposure. The Workers' Compensation Law Judge and Board initially disallowed the claim, finding it did not meet WTC provisions, lacked sufficient medical evidence for an occupational disease, and was time-barred if considered an accidental injury. The Appellate Division reversed, ruling that the Board erred in rejecting the occupational disease claim, as the toxin exposure derived from the nature of the claimant's work. The court also found the occupational disease claim timely and remitted the matter to the Board for a determination on causal relationship.

Occupational DiseaseWorld Trade Center ExposureProstate CancerCausal RelationshipStatute of LimitationsTimeliness of ClaimAppellate ReviewRemittalToxin ExposureAuto Body Mechanic
References
5
Case No. MISSING
Regular Panel Decision

Claim of Gannon v. New York State Department of Taxation & Finance

The claimant, a seasonal auditor, sought workers' compensation benefits due to alleged exposure to paint fumes, pesticides, and other airborne toxins at her workplace in Albany, resulting in symptoms like dizziness, heart palpitations, and later, upper airway irritation and liver damage. The Workers' Compensation Board ruled she suffered an accidental injury from paint fume exposure in September 1992 but found no continuing causally related disability. Medical experts testified that the claimant's symptoms were primarily manifestations of an anxiety disorder, not environmental contaminants, and that any effects from paint fumes would be short-lived. The decision of the Workers’ Compensation Board was affirmed, as there was substantial evidence to support the conclusion that the claimant did not suffer from any continuing disability attributable to the accident or other alleged exposures.

Workers' CompensationCausally Related DisabilityEnvironmental ContaminantsPaint Fumes ExposureAnxiety DisorderPsychiatric SymptomsLiver DamageMedical Expert TestimonySubstantial EvidenceAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Romanelli v. Long Island Railroad

Frank Romanelli sued his employer, the Long Island Railroad Company (LIRR), under the Federal Employers Liability Act (FELA), alleging that his work as a track worker exposed him to hazardous environmental contaminants, causing pulmonary and cardiac problems. LIRR filed three motions in limine to preclude Romanelli's medical experts from testifying on causation, Romanelli from testifying about exposure to toxins at unsafe levels, and Romanelli from testifying that LIRR had a duty to provide a respirator. The court granted the motions in part and denied in part. It allowed treating physicians to testify on the causation of respiratory issues by workplace exposures due to common knowledge, but not on the link between pulmonary and cardiac problems without demonstrated methodology. Romanelli was permitted to testify about his first-hand exposure to dust, fumes, and chemicals but not to label them as 'hazardous contaminants' or at 'unsafe' levels. Lastly, Romanelli could not testify about LIRR's legal duty to provide a respirator, but could testify about not being provided one despite requests and that its absence caused him to ingest more harmful substances.

FELAMotions in LimineExpert Witness TestimonyLay Witness TestimonyCausationEvidentiary StandardsWorkplace ExposurePulmonary ConditionsCardiac ConditionsRespirator Requirements
References
18
Case No. No. 24
Regular Panel Decision
Apr 26, 2022

Francis Nemeth v. Brenntag North America

Plaintiff's spouse, Florence Nemeth, died from peritoneal mesothelioma after daily use of Desert Flower talcum powder, which plaintiff alleged contained asbestos supplied by defendant Whittaker, Clark & Daniels. A jury found the defendant liable, awarding damages for pain and suffering and loss of consortium. However, the New York Court of Appeals reversed the judgment, dismissing the complaint against Whittaker, Clark & Daniels, Inc. The Court ruled that plaintiff's expert testimony and scientific evidence were insufficient as a matter of law to establish specific causation in this toxic tort case. It emphasized that while precise quantification of exposure is not always necessary, sufficient exposure levels to the toxin, supported by generally accepted methodologies, must be demonstrated.

MesotheliomaAsbestos exposureToxic tortCausationExpert testimonySufficiency of evidenceTalcum powderProduct liabilityAppellate reviewScientific evidence
References
35
Case No. 2021 NY Slip Op 00070 [190 AD3d 1067]
Regular Panel Decision
Jan 07, 2021

Matter of Sudnik v. Pinnacle Envtl. Corp.

Wieslaw Sudnik appealed a Workers' Compensation Board decision that denied his claim for benefits, asserting kidney cancer was caused by exposure to toxins near the World Trade Center site after 9/11. Initially, a Workers' Compensation Law Judge found a causal link, but the Board reversed, citing insufficient proof. The Appellate Division affirmed the Board's ruling, concluding that the claimant's treating physician and an independent examiner failed to adequately establish a causal relationship between his employment near the World Trade Center and his renal cell carcinoma, especially considering his history of smoking and asbestos exposure. The court emphasized that the claimant did not meet his burden of proof with competent medical evidence, and therefore the Board's decision was supported by substantial evidence.

Workers' CompensationCausationMedical EvidenceBurden of ProofRenal Cell CarcinomaAsbestos ExposureWorld Trade Center ExposureZadroga LawAppellate ReviewSubstantial Evidence
References
8
Case No. Appeal Nos. 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111
Regular Panel Decision
Jul 12, 2001

Berkowitz v. A.C. & S., Inc.

This case involves an appeal by defendants-appellants from orders of the Supreme Court, New York County, which denied their motions for summary judgment in a series of lawsuits concerning asbestos exposure from Worthington pumps. The appellate court unanimously affirmed the lower court's decisions, finding sufficient issues of fact to preclude dismissal. Evidence presented included defendant Worthington's own admission of the high prevalence of its pumps on Navy ships, testimony from workers regarding Worthington pumps in the Brooklyn Navy Yard, and Worthington's use of asbestos-containing components like gaskets and packing. The court also noted a Worthington manual referencing asbestos and government specifications requiring asbestos use, questioning whether the pumps could be safely operated without asbestos insulation despite Worthington not manufacturing or installing it.

Asbestos ExposureProduct LiabilitySummary JudgmentDuty to WarnManufacturer LiabilityAppellate ReviewOccupational ExposureNavy ShipsGasketsPumps
References
3
Case No. MISSING
Regular Panel Decision
Mar 14, 2013

Claim of DePascale v. Magazine Distributors, Inc.

The claimant applied for workers’ compensation benefits, alleging that extraskeletal myxoid chondrosarcoma developed due to exposure to toxic substances at the employer's former nuclear fuel rod facility. The Workers’ Compensation Board initially reversed a WCLJ decision, finding insufficient evidence of a causal link. Later, the Board granted the claimant's request to consider new medical evidence, rescinded the WCLJ’s decision, and remitted the matter for a new determination. The employer and its workers’ compensation carrier appealed these Board decisions and the subsequent denial of their request for reconsideration. The Appellate Division dismissed the appeals, deeming the Board’s decisions interlocutory and not final, thus not subject to piecemeal review.

Workers' CompensationCancerToxic ExposureCausal RelationshipMedical EvidenceInterlocutory AppealAppeal DismissalRemittalBoard ReviewNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision

Claim of Valenti v. Penn Plax Plastics

The claimant, exposed to asbestos between 1965 and 1972, developed asbestosis, asbestos-related pleural disease, and lung cancer. His 1995 workers' compensation claim was denied by a Workers' Compensation Law Judge and the Board, which found his lung cancer causally related to asbestos exposure occurring before July 1, 1974, thus falling under the 'dust disease' rule requiring total disability for compensation. The claimant appealed, arguing lung cancer is not a dust disease. The appellate court reversed and remitted the decision, clarifying that while lung cancer itself is not a dust disease, the pre-1974 restriction applies if it's causally related to a dust disease like asbestosis. The court noted the Board failed to make a specific finding on this causal link.

asbestos exposurelung cancerasbestosisworkers' compensationdust diseasetotal disabilitypartial disabilitycausationremittalappellate review
References
9
Case No. 2021 NY Slip Op 03889
Regular Panel Decision
Jun 17, 2021

Matter of Bodisch v. New York State Police

Claimant, a state trooper, filed for workers' compensation due to exposure to toxins at the World Trade Center (WTC) site while assigned to a vehicle checkpoint after 9/11. The Workers' Compensation Board reversed a WCLJ's finding, stating his activities were not covered by Workers' Compensation Law article 8-A and that his injuries were not an occupational disease, disallowing the claim as untimely. The Appellate Division, Third Department, agreed that claimant did not sustain an occupational disease. However, the court found that claimant's activities had a tangible connection to WTC rescue, recovery, and cleanup operations, meaning Workers' Compensation Law article 8-A should apply. Consequently, the court modified the Board's decision, reversing the disallowance of the claim as untimely, and remitted the matter for further proceedings.

Workers' CompensationWorld Trade Center9/11Toxic ExposureOccupational DiseaseUntimely ClaimArticle 8-ARescue OperationsRecovery OperationsCleanup Operations
References
12
Case No. MISSING
Regular Panel Decision

Knapp v. Vestal Central School District

Claimant, a music teacher for Vestal Central School District, sought workers' compensation benefits for multiple chemical sensitivity, attributing it to a "sick building" at her workplace. She experienced symptoms like fatigue, aches, and memory loss, with her initial "sick building syndrome" diagnosis evolving to "multiple chemical sensitivity." A Workers' Compensation Law Judge and subsequently the Board denied her claim, finding no causal link between her condition and employment due to insufficient evidence of chemical exposure or an unusual workplace hazard. The Board also determined that the record did not support claims for accidental injury or occupational disease, noting the absence of a specific toxin and claimant's similar symptoms elsewhere. Ultimately, the court affirmed the Board's decisions, ruling that the claimant failed to establish a causal relationship between her employment and disability.

Workers' Compensation BenefitsCausally Related DisabilityMultiple Chemical SensitivitySick Building SyndromeOccupational DiseaseAccidental InjuryMedical Examiner Report AdmissibilityHazardous ExposureCausal RelationshipEmployment-related illness
References
5
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