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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 Pinto v. Southport Correctional Facility

Claimant, a teacher at a maximum-security correctional facility, experienced severe head pains and disorientation, leading to a claim for workers' compensation benefits for work-related stress, depression, headaches, and memory loss. The Workers’ Compensation Board disallowed the claim, finding the presumption of work-related injury rebutted and concluding that the stress experienced was not greater than that usually encountered in his work environment. On appeal, the court affirmed the Board’s decision to deny the claim on the merits. While the court disagreed with the Board's finding that the claim was barred by Workers’ Compensation Law § 2 (7) due to personnel decisions, it upheld the Board's alternate basis for denial, stating that the claimant failed to show the stress was beyond what similarly situated workers experienced.

Workers' CompensationStress-related injuryMental injuryCausationPresumption of injuryRebuttal of presumptionPersonnel decisionWork environmentCorrectional facilityTeacher
References
14
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

Claim of Parrinello v. New York City Transit Authority

Claimant, a level II supervisor, experienced chest pains and lightheadedness at work, leading to a diagnosis of stress. He sought workers' compensation benefits for work-related heart problems, anxiety, and depression. Initially, a Workers’ Compensation Law Judge awarded benefits, finding a work-related accident. However, the Workers’ Compensation Board reversed, ruling that the claimant's stress was not greater than that experienced by other similarly situated workers. The Appellate Division affirmed the Board's decision, citing substantial evidence that the claimant failed to demonstrate exceptional stress compared to his peers, which is a prerequisite for compensability of work-related stress claims.

Work-related StressWorkers' Compensation BenefitsAppellate ReviewPsychological InjurySupervisor StressSubstantial EvidenceClaim DenialBoard ReversalMedical EvidenceEmployment Stress
References
4
Case No. MISSING
Regular Panel Decision
Nov 05, 2002

Claim of Potter v. Curtis Lumber Co.

The claimant's decedent, a former marketing design manager for Curtis Lumber, committed suicide after experiencing work-related stress. The Workers’ Compensation Board awarded the claimant death benefits, finding the suicide was precipitated by a depressive illness causally linked to severe workplace stress. Curtis Lumber and its workers' compensation carrier appealed, arguing the stress was not greater than that usually found in a normal work environment and that lawful personnel decisions caused the suicide. The Appellate Division affirmed the Board's decision, concluding that the testimony of a board-certified psychiatrist provided substantial evidence that the decedent's suicide was causally related to abnormal work-related stress and implicitly rejecting the carrier's defense under Workers’ Compensation Law § 2 (7).

SuicideWork-Related StressDepressive IllnessWorkers' Compensation Death BenefitsCausal RelationshipSubstantial EvidenceMedical Expert TestimonyPersonnel DecisionsAppellate ReviewAffirmed Decision
References
11
Case No. MISSING
Regular Panel Decision

Claim of Wiltsie v. Owens Corning Fiberglass

Claimant suffered a compensable low back injury in 1995, continuing work with restrictions and ADA accommodations. In 2003, the employer's decision to change his shift caused claimant stress, leading his primary physician to diagnose chest pain syndrome, agoraphobia, and depression, and advise him to stop working. Initially awarded benefits for a period, the Workers’ Compensation Board subsequently denied further benefits, concluding that claimant's departure from work was for reasons unrelated to his back disability. Claimant appealed, contending his back injury prevented him from the new shift, but the Board's determination, supported by other evidence, found he left due to stress from the shift dispute rather than his back condition. The Board's decision, which included an assessment of claimant's testimony and medical evidence, was affirmed, as it was supported by credible evidence.

Low Back InjuryAmericans with Disabilities Act (ADA)Workplace AccommodationShift Schedule ChangeStress-Related IllnessChest Pain SyndromeAgoraphobiaDepression DiagnosisCredibility of Medical OpinionPermanent Partial Disability
References
5
Case No. MISSING
Regular Panel Decision

Claim of Myers v. Eldor Contracting Co.

The case involves an appeal from a Workers’ Compensation Board decision denying death benefits to the claimant, whose decedent, an electrical contractor foreman, suffered a fatal heart attack at work. The Board concluded the death was unrelated to employment, despite claimant's experts linking the heart attack to work-related stress, contingent on reported stress levels. The employer's expert found no relation. The Board found insufficient evidence of work-related stress, discrediting claimant's testimony due to a lack of corroboration and conflicting testimony from employer representatives who described the job as less stressful. The appellate court affirmed the Board’s decision, upholding its authority to resolve factual issues based on witness credibility and its finding that the presumption of compensability was rebutted by substantial evidence.

Heart AttackWork-Related StressCausal RelationshipWorkers' Compensation BoardAppealCredibility of WitnessesPresumption of CompensabilityDeath BenefitsCoronary Artery Disease
References
3
Case No. MISSING
Regular Panel Decision
Jul 07, 2006

Claim of Kopec v. Dormitory Authority

Claimant, a project manager, sought workers’ compensation benefits alleging mental injuries from work-related stress due to coerced participation in an undercover investigation. The Workers’ Compensation Law Judge and a panel of the Workers’ Compensation Board denied the claim, finding no compensable work-related injury. The Appellate Division affirmed this decision, reiterating that mental injuries from work-related stress are only compensable if the stress was greater than that experienced by similarly situated workers. The Board's factual determination, which credited the employer's testimony that claimant was a willing participant, was supported by substantial evidence, thus precluding disturbance on appeal.

Mental InjuryWork-Related StressUndercover InvestigationCoercion AllegationWorkers' Compensation BenefitsAppellate ReviewSubstantial EvidenceFactual DeterminationCredibility FindingEmployer Testimony
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kavanaugh v. Empire Mutual Insurance Group

Claimant's 59-year-old decedent, an underwriter, died suddenly at work, with the death certificate citing chronic obstructive pulmonary disease and chronic ethanolism. Claimant sought death benefits, asserting that work-related stress from overtime precipitated a cardiac-related death, a theory supported by her medical expert, Dr. Seymour Cutler, who contradicted the death certificate. The employer's expert, Dr. J.D. Matis, attributed death solely to alcoholism. The Workers’ Compensation Board found the death causally related to employment, prompting the employer's appeal. The appellate court affirmed the Board's decision, ruling that the claimant's testimony regarding work stress was sufficiently corroborated and Dr. Cutler's medical opinion was probative, ultimately concluding that the stress constituted an accidental injury.

Death BenefitsWork-related StressCausal RelationshipCardiac EventExpert Medical OpinionCorroboration of TestimonyWorkers' Compensation Board AppealAccidental InjuryOvertime PressureSufficiency of Evidence
References
8
Case No. MISSING
Regular Panel Decision

Guillo v. NYC Housing Authority

Claimant appealed a Workers’ Compensation Board decision from February 6, 2013, which denied her claim for benefits related to work-induced depression, anxiety, and posttraumatic stress disorder. The Board had reversed a Workers’ Compensation Law Judge's finding, concluding that the claimant failed to demonstrate that the work-related stress was 'greater than that which other similarly situated workers experienced.' The appellate court affirmed the Board's determination, finding substantial evidence supported that the stress was not unusual. The court also noted that claimant's argument regarding a stress-related physical injury was unpreserved for review due to not being raised before the Board.

work-related depressionoccupational stressmental injury claimunusual stress standardworkers' compensation benefits denialappellate affirmanceemployer's testimony creditedclaimant's credibilityunpreserved argument
References
6
Case No. 535539
Regular Panel Decision
Aug 03, 2023

In the Matter of the Claim of Zemira Sakanovic

Zemira Sakanovic appealed a Workers' Compensation Board decision denying her claim for a causally-related psychological injury stemming from work-related stress. Sakanovic experienced anxiety, stress, and elevated blood pressure after a text-based Skype conversation with her supervisor, leading to an emergency room visit and diagnoses of hypertension and migraine. The Board, affirming a WCLJ, ruled that her work-related stress was not greater than that experienced by similarly situated workers and that no physical injury resulted from the alleged increase in stress. The Appellate Division, Third Judicial Department, affirmed the Board's decision, deferring to the factual finding that the pressures encountered by Sakanovic were not exceptional. Consequently, the court upheld the denial of her claim for workers' compensation benefits.

Workers' CompensationPsychological InjuryWorkplace StressCausal RelationshipAppellate ReviewHypertensionAnxietyMental HealthGood-Faith Personnel DecisionSimilarly Situated Workers
References
20
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