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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
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. MISSING
Regular Panel Decision

Claim of Dellauniversita v. Tek Precision Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding a claim for death benefits. Claimant’s husband suffered a work-related injury in 1987 and later died. The claimant, as his widow, filed for death benefits. However, the claimant herself died before the causal relationship between her husband’s death and the 1987 incident could be established. The Workers’ Compensation Board ruled that her claim for death benefits abated upon her death. The appellate court affirmed this decision, citing precedents that claims for death benefits abate if a determination on the merits, such as causal relationship, has not been established prior to the claimant’s death.

Workers' CompensationDeath BenefitsClaim AbatementCausal RelationshipAppellate ReviewProcedural IssuesPrecedentLegal Interpretation
References
3
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. MISSING
Regular Panel Decision
Nov 06, 2012

Claim of Smith v. Oneida Ltd.

The claimant appealed a Workers' Compensation Board decision concerning her husband's death benefits. In 1991, the decedent sustained a compensable lung injury, leading to permanent partial disability and continuous workers' compensation benefits until his death in September 2010. The Workers' Compensation Law Judge and the Board affirmed that the death was causally related to his work-related illness, awarding death benefits to the claimant. The self-insured employer and its claims administrator appealed this decision. The court affirmed the Board's decision, citing that a compensable illness need not be the sole cause of death, only a contributing factor. Evidence included the death certificate listing sepsis and respiratory failure, and a C-64 medical report from the decedent's long-term physician stating the death was directly or indirectly caused by the work-related illness.

death benefitscausal relationshipoccupational illnessrespiratory failuresepsispermanent partial disabilityWorkers' Compensation Board appealmedical report evidencecontributing factor
References
4
Case No. MISSING
Regular Panel Decision

Estate of Moody v. Quality Structures, Inc.

Decedent, a laborer, collapsed and died on his first day of work at a construction site while pouring and raking concrete. His estate applied for workers' compensation death benefits for his children. The Workers' Compensation Board affirmed the claim, invoking the presumption of compensability under Workers’ Compensation Law § 21 (1), as the employer failed to rebut it with substantial evidence. An independent medical report by cardiologist Stephen Nash attributed death to cardiac arrhythmia and enlarged heart, with lack of sleep as a contributory factor, but did not rule out work involvement. The court affirmed the Board's decision, finding the cause of the fatal arrhythmia unexplained and the employer's evidence insufficient to overcome the presumption.

Workers' Compensation Death BenefitsCausally Related EmploymentPresumption of CompensabilityCardiac ArrhythmiaEnlarged HeartIndependent Medical ReportConstruction Laborer DeathUnexplained CollapseRebuttal of PresumptionSubstantial Evidence
References
7
Case No. MISSING
Regular Panel Decision

Claim of Thompson v. New York State Rochester Psychiatric Center

The Workers' Compensation Board denied death benefits, ruling that the death of the claimant's decedent was not causally related to his employment. The decedent had sustained a knee injury at work and received a Depo-Medrol injection. He later died from acute coronary occlusion, with conflicting medical evidence on its relation to the work injury. An impartial specialist concluded no causal relationship between the death and the knee injury. The Appellate Division affirmed the Board's decision, finding substantial evidence to support it. The court also rejected the claimant's argument for the presumption under Workers' Compensation Law § 21 (1), as the decedent's death did not occur in the course of his employment.

Causal RelationshipDeath BenefitsKnee InjuryCoronary Artery DiseaseArteriosclerosisMedical Opinion ConflictImpartial Medical SpecialistWorkers' Compensation Law § 21(1)Presumption of CausationAppellate Affirmation
References
1
Case No. MISSING
Regular Panel Decision

Jamal v. Gohel

This case involves an appeal by the New York State Insurance Fund (SIF) from an order of the Supreme Court, Dutchess County. The Supreme Court had granted the plaintiff's motion to extinguish SIF's right to claim a credit or offset against Workers' Compensation death benefits and to compel reinstatement and retroactive payment of these benefits. The plaintiff had initially received death benefits from SIF after her husband's work-related death, and also won a jury award in a wrongful death action against a third party. SIF later asserted a right to a credit or offset against the death benefits for the jury award proceeds, suspending payments, which the plaintiff challenged. The appellate court reversed the Supreme Court's order, ruling that primary jurisdiction for determining the applicability of Workers' Compensation Law, particularly regarding an insurer's right to claim a credit or offset, rests with the Workers’ Compensation Board, not the Supreme Court.

Wrongful DeathWorkers' Compensation BenefitsInsurance FundCredit or OffsetPrimary JurisdictionWorkers' Compensation BoardAppellate ReviewDutchess CountyStatutory RightsDeath Benefits
References
7
Case No. MISSING
Regular Panel Decision

the Claim of Picinich v. Cayuga Crimmins

The case involves an appeal from decisions by the Workmen’s Compensation Board, which awarded death benefits to the widow and three minor children of a deceased employee. The employee, a construction worker, was found dead by electrocution at his New York City work site shortly after his midnight to 8:00 a.m. shift ended. A referee and the board determined his death arose out of and in the course of his employment. Appellants contended the death did not arise out of or in the course of employment. The court disagreed, finding substantial evidence that the death occurred in the course of employment, triggering a presumption under Workmen's Compensation Law § 21 that it also arose out of employment. Evidence suggesting a personal pursuit was deemed speculative and insufficient to rebut the presumption. Consequently, the board’s determination was affirmed.

Electrocution DeathWork-related AccidentCourse of EmploymentArising Out of EmploymentStatutory PresumptionDeath BenefitsWidow and Minor ChildrenAppellate ReviewSubstantial EvidenceSalvaging Cable
References
3
Case No. MISSING
Regular Panel Decision
Dec 23, 1993

Claim of Kroeger v. New York State Workers' Compensation Board

This case involves an appeal from a Workers’ Compensation Board decision awarding death benefits to a claimant, the widow of a Workers' Compensation Board Commissioner. The decedent collapsed and died from an intercranial pontine hemorrhage after work. The Board found his death causally related to job stress, despite his pre-existing conditions (obesity, hypertension, arteriosclerosis). The employer and its insurance carrier appealed, arguing a lack of substantial evidence. The court noted conflicting medical testimony regarding the causal link between work stress and death but upheld the Board’s prerogative to weigh such evidence. Ultimately, the Board's decision to award death benefits was affirmed.

Workers' CompensationCausal RelationshipJob StressIntercranial Pontine HemorrhageMedical Testimony ConflictPre-existing ConditionsDeath BenefitsAppellate ReviewSubstantial EvidenceBoard Decision
References
2
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
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