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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
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

B & S Welding LLC Work Related Injury Plan v. Juan Pedro Oliva-Barron and Avelina Oliva

The B & S Welding LLC Work Related Injury Plan appealed a trial court's judgment in favor of Juan Pedro Oliva-Barron, who was denied benefits after a work injury. The Plan had accused Oliva of fraud, while Oliva counterclaimed for ERISA benefits. The appellate court affirmed the trial court's finding that Oliva was excused from exhausting administrative remedies due to the Plan's conduct, and that the Plan's termination of benefits was arbitrary and lacked substantial evidence. However, the court reversed the award of medical expenses due to insufficient evidence but upheld the award of indemnity benefits and attorney's fees.

ERISAEmployee BenefitsPlan AdministrationAbuse of DiscretionSubstantial EvidenceFutility DoctrineAdministrative ExhaustionFraud ClaimsSurveillance EvidenceMedical Denials
References
26
Case No. MISSING
Regular Panel Decision

Claim of Crump v. Saint Patrick's Church

The decedent, claimant's husband, collapsed at work and died of coronary artery disease. Due to the unwitnessed incident at work, a presumption of causal relation to employment arose under Workers’ Compensation Law § 21 (1). Initially, the self-insured employer failed to rebut this presumption, leading to an award of benefits. However, upon review, the Workers’ Compensation Board rescinded the determination and allowed for consideration of a report from the employer’s medical expert. This expert provided uncontroverted testimony that there was no causal relation between the decedent’s work activities and his death. The Board affirmed this decision, which was further supported by evidence including the decedent's pre-work complaints of dizziness and pain, minimal strenuous activity at work, and an autopsy revealing no new heart damage. The appellate court affirmed the Board's decision, finding that the employer had provided substantial evidence to overcome the presumption of compensability.

Causal RelationPresumption of CompensabilityCoronary Artery DiseaseMedical Expert TestimonySubstantial EvidenceRebuttalAppellate ReviewEmployment DeathUnderlying Medical ConditionWorkers' Compensation Board Decision
References
3
Case No. MISSING
Regular Panel Decision

Claim of Fatima v. MTA Bridges & Tunnels

The claimant appealed a decision from the Workers’ Compensation Board that denied death benefits to her husband. The decedent, a maintenance worker, was found unconscious in a locker room at work and later died. The Board denied the claim, stating his death was not causally related to his employment. The appellate court affirmed this decision, finding the presumption of compensability for unwitnessed deaths was rebutted by substantial evidence. A medical expert determined the cause of death was arteriosclerotic cardiovascular disease, unrelated to work activities, and noted the decedent's pre-existing hypertension for which he failed to seek treatment. There was no evidence of strenuous activity at the time of his demise.

Workers' CompensationDeath BenefitsCausal RelationshipArteriosclerotic Cardiovascular DiseaseHypertensionPresumption of CompensabilityUnwitnessed DeathMedical Expert TestimonyAppellate ReviewEmployer Liability
References
3
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision
Oct 23, 2009

Claim of Steadman v. Albany County

The case involves an appeal from a Workers’ Compensation Board decision denying death benefits to the children of a deceased mail courier. The decedent suffered a fatal heart attack while at work. The claimant, his former wife, argued for benefits, citing the presumption of compensability for unwitnessed deaths during employment. However, the employer provided expert medical testimony and reports indicating the death was due to a preexisting heart condition and not work-related. The Board upheld the denial, finding the employer overcame the presumption, and the Appellate Division affirmed this decision, noting the presence of substantial evidence to support the Board's findings despite conflicting expert opinions.

Workers' CompensationDeath BenefitsHeart AttackCausationPreexisting ConditionPresumption of CompensabilitySubstantial EvidenceMedical OpinionCredibility IssueAppellate Review
References
5
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

Claim of the Estate of Kramer v. Ultra Blend Corp.

Decedent, a co-owner and employee of a vitamin blending company, suffered a fatal heart attack at work. His widow filed a claim for workers’ compensation death benefits, attributing the death to work-related stress. A Workers’ Compensation Law Judge initially awarded benefits, but the Workers’ Compensation Board reversed, finding the heart attack was due to non-work-related risk factors. The appellate court affirmed the Board's decision, noting that it is within the Board's discretion to resolve conflicts in expert medical testimony and that their decision was supported by substantial evidence.

workers' compensationdeath benefitsheart attackwork-related stresscausalitymedical expert testimonyWorkers' Compensation Boardsubstantial evidenceappellate reviewcoronary thrombosis
References
5
Case No. MISSING
Regular Panel Decision
Mar 18, 2011

Claim of Roberts v. Waldbaum's

The case involves an appeal from a Workers’ Compensation Board decision concerning the death of a grocery store employee. The decedent, while acting as store manager on a busy Super Bowl Sunday, collapsed and died from a myocardial infarction. His claimant sought workers’ compensation death benefits, which were initially denied but later granted by the Board, finding a causal relationship to employment. The employer and its claims administrator appealed this decision. The appellate court affirmed the Board's ruling, concluding that substantial medical evidence supported the finding that work-related stress and an altercation contributed to the decedent's death.

Workers' CompensationDeath BenefitsCausal RelationshipMyocardial InfarctionEmployment StressWork-Related InjuryAppellate ReviewWorkers' Compensation BoardMedical Expert TestimonySubstantial Evidence
References
3
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