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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 Ilovar v. Consolidated Edison

The claimant appealed a Workers’ Compensation Board decision from December 22, 2004, which found no causal relationship between his work-related asbestosis, diagnosed in 1999, and a loss of earnings. The claimant had retired in 1993, prior to his asbestosis diagnosis, and had not sought employment thereafter. The Board determined that his pre-existing withdrawal from the labor market meant he had no earnings to lose due to asbestosis. The appellate court affirmed this decision, concluding that there was no evidence to prove that the asbestosis caused any post-retirement loss of earnings, as the claimant had not worked or sought employment since 1993.

AsbestosisLoss of EarningsVoluntary WithdrawalPermanent Partial DisabilityOccupational DiseaseRetirement BenefitsCausal RelationshipAppellate ReviewBoard DecisionEvidence Sufficiency
References
5
Case No. MISSING
Regular Panel Decision
Aug 19, 1981

Claim of Schultz v. L. B. Smith, Inc.

The case involves an appeal from Workers’ Compensation Board decisions that found a deceased claimant totally disabled and his death causally related to an occupational disease, specifically asbestosis. The claimant had extensive asbestos exposure from 1946 to 1966, leading to lung complications and ultimately death in 1979. Both the treating physician and an impartial specialist linked his disability and death to asbestosis, supported by medical history and pathological findings. The employer challenged these findings, suggesting alternative causes and disputing the timeliness of the claim. However, the Board resolved conflicting medical opinions and found notice to be timely. The appeal from the February 24, 1981 decision was dismissed as moot, while the August 19, 1981 decision was affirmed.

AsbestosisOccupational DiseaseLung DiseaseInterstitial FibrosisPleural FibrosisChronic Obstructive Airway DiseaseCausationMedical Opinion ConflictTimely NoticeDisability
References
4
Case No. MISSING
Regular Panel Decision

Claim of Blair v. Bendix Corp.

Claimant was exposed to asbestos from August 1956 through September 1970 during her employment. She became totally disabled in 1978 due to asthma and emphysema, unrelated to her job. In 1988, she was diagnosed with asbestosis and initiated workers' compensation proceedings. The Workers' Compensation Board found her asbestosis employment-related but concluded her total disablement resulted from a combination of asbestosis and a pre-existing unrelated lung disability. The Court affirmed the Appellate Division's decision, stating that the conditions were not inseparable causative agents. Recovery for asbestos exposure before the 1974 amendment to Workers’ Compensation Law § 39 required total disablement solely from asbestosis, which was not proven. The contribution of asbestosis to her pre-existing condition did not create a right to compensation without proof of inseparable agents or complete disablement by asbestosis.

AsbestosisDust DiseaseWorkers' Compensation LawTotal DisabilityPartial DisabilityPre-existing ConditionCausationStatutory AmendmentEmployment ExposureAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Claim of Fonda v. Cambridge Filter Corp.

A claimant developed asbestosis from pre-1972 work-related asbestos exposure, diagnosed in 1991. Although the asbestosis did not cause pulmonary disability, the claimant developed a disabling panic or anxiety disorder due to the increased cancer risk. The Workers' Compensation Board denied benefits, ruling that pre-1974 asbestosis without total disability is non-compensable and a consequential anxiety disorder does not constitute an accident or occupational disease. The appellate court found that entitlement to compensation depends on whether the claimant was totally disabled by two inseparable causative agents, one of which was the asbestosis, especially since the Board had implied a causal link between asbestosis and the anxiety disorder. Because the Board failed to determine the extent of the claimant’s disability or the inseparability of the conditions, the decision was reversed and the matter remitted for further proceedings.

Workers' CompensationAsbestosisOccupational DiseaseAnxiety DisorderPanic DisorderCausationTotal DisabilityCompensabilityAppellate ReviewRemand
References
3
Case No. MISSING
Regular Panel Decision
Apr 26, 1983

Claim of Fallon v. Johns-Manville Sales Corp.

John Fallon filed a claim for compensation against his employer, Johns-Manville, alleging pulmonary asbestosis from 38 years of asbestos exposure. He later died of carcinoma of the liver, with asbestosis noted as a contributing cause. His widow filed for death benefits. Initially, an administrative law judge disallowed the claims, finding no total disability from asbestosis and an unrelated cause of death. However, the Workers’ Compensation Board reversed, ruling that Fallon's disability and death were causally related to asbestosis. The employer and its insurer appealed this reversal, but the appellate court affirmed the Board's decision, finding substantial evidence to support it despite conflicting medical expert testimonies.

Occupational DiseaseAsbestosisPulmonary AsbestosisCarcinoma of LiverCausally Related DeathWorkers' CompensationDisability BenefitsAppellate ReviewSubstantial EvidenceMedical Disagreement
References
1
Case No. MISSING
Regular Panel Decision

Claim of Caruso v. General Electric Co.

The claimant's decedent, a machine repairman for General Electric Company, was diagnosed with asbestosis in August 1990 and died in June 1991 from acute pneumonia, arteriosclerosis, and asbestosis. The Workers' Compensation Board awarded the decedent's widow disability benefits, which the employer, its insurance carrier, and the Special Disability Fund appealed. The employer conceded that asbestosis was contracted during employment and contributed to death but argued that benefits were unwarranted as retirement was due to a heart condition, not asbestosis. The court found this argument unpersuasive, citing substantial medical evidence that the decedent suffered from a serious and debilitating occupational lung disease with a poor prognosis. Consequently, the Board's decision to award disability payments was affirmed.

Occupational DiseaseAsbestosisDisability BenefitsWorkers' Compensation BoardCausal RelationshipMedical EvidenceLung DiseaseDeath BenefitsEmployer AppealBoard Decision Affirmed
References
2
Case No. MISSING
Regular Panel Decision
Sep 30, 1998

Claim of Gardner v. Structure Tone of NY, Inc.

The claimant sought workers' compensation benefits, alleging asbestosis due to asbestos exposure during employment as an elevator operator at a construction site. A Workers' Compensation Law Judge (WCLJ) found the claimant partially disabled by asbestosis, an occupational disease, and awarded benefits. The employer appealed, primarily disputing the claimant's asbestos exposure. The Workers' Compensation Board affirmed the WCLJ's decision after finding sufficient evidence of exposure and asbestosis. On further appeal, the employer argued that asbestosis was not inherent to an elevator operator's job, but the appellate court declined to consider this issue as it was not raised in the administrative appeal to the Board. The court also noted the employer abandoned the exposure issue by not raising it on the current appeal, thus affirming the Board's decision.

AsbestosisOccupational DiseaseAsbestos ExposureWorkers' Compensation BenefitsElevator OperatorAppealAdministrative AppealJudicial ReviewPreservation of IssueWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision
Nov 10, 2011

Claim of Gillard v. Consolidated Edison of New York, Inc.

The employer and its third-party administrator appealed a Workers' Compensation Board decision denying their claim for reimbursement from the Special Disability Fund for death benefits paid to a claimant. The claimant's husband, who had a workers' compensation claim established for permanent partial disability due to asbestos-related pleural disease, later died from lung cancer and congestive heart failure. The employer sought reimbursement, arguing a link between asbestosis and lung cancer, but the Board denied this, stating the original claim was not established for asbestosis and that the request to reopen was untimely. The Board further found no proof connecting asbestosis to the lung cancer. The appellate court affirmed the Board's decision, agreeing that the reopening request was untimely and that there was no causal link shown between asbestosis and the lung cancer.

Workers' CompensationSpecial Disability FundReimbursementAsbestosisLung CancerCausal RelationshipTimelinessDeath BenefitsAppellate ReviewBoard Decision
References
6
Case No. MISSING
Regular Panel Decision
Nov 23, 2007

Droogan v. Raymark Industries, Inc.

This case involves an appeal from a Workers’ Compensation Board decision affirming death benefits for the spouse of a deceased worker. The decedent, diagnosed with asbestosis in 1997, died in 2005 from complications of a stroke and pneumonia. The Workers’ Compensation Law Judge and the Board determined that the asbestosis was a contributing factor to his death. The Appellate Division affirmed this decision, finding that the claimant's medical expert provided a rational basis for the causal link between asbestosis and the decedent's post-stroke deterioration. The court concluded that the Board’s finding of a causal relationship was supported by substantial evidence, despite some conflicting medical testimony.

asbestosisdeath benefitscausal relationshipworkers' compensation lawmedical testimonypneumoniastroke complicationsAppellate Divisionsubstantial evidenceBoard decision
References
9
Case No. MISSING
Regular Panel Decision
Apr 22, 2004

Cecere v. Consolidated Edison

Claimant filed for workers' compensation benefits in 1995, alleging asbestosis due to asbestos exposure during a 24-year career with the employer. A workers' compensation law judge established the case for asbestosis, found permanent partial disability, and awarded benefits, a decision later affirmed by the Workers’ Compensation Board. The Special Funds Conservation Committee appealed, contending the Board erred by not establishing an independent claim for asbestos-related pleural disease (ARPD) as an occupational disease. The court found this argument unpersuasive and affirmed the Board’s decision, citing substantial evidence supporting the asbestosis diagnosis and permanent partial disability finding, based on both claimant's physician and the independent medical examiner's reports.

AsbestosisOccupational DiseasePermanent Partial DisabilityWorkers' Compensation BenefitsAsbestos-Related Pleural DiseaseMedical ReportsIndependent Medical ExaminationSpecial Funds Conservation CommitteeAppellate ReviewBoard Decision Affirmation
References
2
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