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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 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. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Claim of O'Shea v. Initial Cleaning Service

Claimant, a carpet cleaner for 19 years, developed lung problems due to chemical exposure and was advised by a physician to stop working with chemicals. He was terminated in 1998 for failing to report to work, after which he filed a claim for workers' compensation benefits for occupational disease. Initially, a WCLJ awarded benefits, finding chronic obstructive lung disease and permanent partial disability. However, the Workers’ Compensation Board modified this, denying benefits on the grounds that claimant voluntarily withdrew from the labor market. The appellate court reversed the Board's decision, finding that the Board's conclusion of voluntary withdrawal was not supported by substantial evidence, as the claimant was terminated and desired to continue working. The case was remitted to the Board for further proceedings.

Occupational DiseaseChronic Obstructive Lung DiseaseVoluntary WithdrawalLabor MarketTerminationWorkers' Compensation BenefitsAppellate ReviewChemical ExposurePermanent Partial DisabilityMedical Advice
References
7
Case No. MISSING
Regular Panel Decision

Claim of Konieczny v. Butterflake Shop

Claimant appealed a decision by the Workers’ Compensation Board, filed December 8, 1977, which ruled that he did not suffer from an occupational disease. The claimant, employed as a baker, was diagnosed with severe chronic obstructive pulmonary disease, asthmatic bronchitis, and emphysema, following a history of heavy smoking. The record contained conflicting medical evidence regarding the link between his employment and his condition. The court affirmed the Board's determination, holding that when medical proof is contradictory, the question of occupational disease is one of fact for the Board, and their finding was supported by substantial evidence, particularly Dr. Riley's testimony.

Occupational DiseaseWorkers' CompensationChronic Obstructive Pulmonary DiseaseAsthmatic BronchitisEmphysemaConflicting Medical EvidenceQuestion of FactSubstantial EvidenceAppellate ReviewMedical Testimony
References
2
Case No. MISSING
Regular Panel Decision

Claim of Matott v. St. Joe's Lead

Claimant, a retired miner, sought workers' compensation benefits in 1991 for an occupational lung disease allegedly caused by dust exposure during his employment from 1949 to 1974. The Workers' Compensation Board initially found a permanent partial disability but later reversed, denying benefits. The Board's reasoning was that the partial disability stemmed from a 'dust disease' prior to July 1, 1974, thus excluded under former Workers' Compensation Law § 39. However, the appellate court found that medical experts agreed the claimant suffered from chronic bronchitis, not a pneumoconiosis-type 'dust disease'. Consequently, the court reversed the Board's decision, concluding that the grounds for denying benefits were erroneous, and remitted the matter for further proceedings.

Occupational DiseaseLung DiseaseChronic BronchitisDust ExposureWorkers' Compensation BenefitsPartial DisabilityPneumoconiosisStatutory InterpretationScope of CoveragePre-1974 Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Webb v. Cooper Crouse Hinds Co.

In 1997, Jerry Webb (decedent) was found to have a permanent partial disability, 75% due to occupational lung disease. He died in October 2005, with his death certificate citing chronic obstructive pulmonary disease due to asbestosis as the cause of death. A Workers’ Compensation Law Judge awarded death benefits to his wife (claimant), a decision affirmed by the Workers’ Compensation Board, finding a causal relationship between his death and the occupational disease. The employer appealed, arguing the Board applied an incorrect standard of review and improperly failed to apportion death benefits. The Appellate Division affirmed the Board's decision, concluding that sufficient credible medical evidence supported the causal link and that death benefits are not subject to apportionment between work-related and non-work-related causes.

Workers' CompensationOccupational DiseaseAsbestosisChronic Obstructive Pulmonary DiseaseDeath BenefitsCausal RelationshipMedical EvidenceApportionmentAppellate ReviewTreating Physician Testimony
References
16
Case No. MISSING
Regular Panel Decision

Claim of Lalla v. Astoria Air Conditioning

Claimant, an air-conditioning repairman, developed an occupational lung disease. Initially, a Workers' Compensation Law Judge found chronic obstructive and restrictive bronchopulmonary disease under Workers’ Compensation Law § 3 (2) (29), making the Special Disability Fund liable. The Fund later challenged this finding, requesting a reclassification under Workers’ Compensation Law § 3 (2) (30), which would discharge its liability. The Workers’ Compensation Board granted the Fund's application, reclassified the disease under section 3 (2) (30), and discharged the Fund. The employer and its insurance carrier appealed this decision, arguing the Board abused its discretion and that there was insufficient evidence for the reclassification. The appellate court affirmed the Board's decision, citing the Board's continuing jurisdiction and discretion, and finding substantial medical evidence to support the reclassification.

Occupational DiseaseWorkers' Compensation BoardSpecial Disability FundLiability ReclassificationChronic Obstructive Pulmonary DiseaseBronchopulmonary DiseaseAppellate ReviewBoard DiscretionSubstantial Evidence
References
3
Case No. MISSING
Regular Panel Decision
Feb 16, 2006

Claim of McDonald v. Water Tunnel Contractors

The claimant, a former sand hog, filed for workers' compensation benefits after being diagnosed with occupational lung diseases, including chronic obstructive pulmonary disease (COPD) and silicosis. Initially, the Workers' Compensation Law Judge (WCLJ) established the case for COPD and silicosis, and classified claimant with a permanent partial disability, leading to awards. The employer's carrier sought reimbursement from the Special Disability Fund for silicosis-related benefits, as per Workers’ Compensation Law § 15 (8) (ee). However, a subsequent WCLJ decision, prompted by the Special Disability Fund, found no disability due to silicosis, thereby denying reimbursement. The Workers' Compensation Board reversed this WCLJ decision, ruling that the Special Disability Fund lacked standing to challenge the diagnosis and was liable for reimbursement. This Court reversed the Board's decision, affirming that the Special Disability Fund has standing to challenge the diagnosis affecting its reimbursement liability, and found no substantial medical evidence in the record to support a finding of disability due to silicosis. Consequently, the Special Disability Fund is not required to reimburse the carrier for silicosis, and the case is remitted to the Board for further proceedings to determine if claimant suffers from another qualifying dust disease for which reimbursement may be applicable.

Workers' Compensation LawSpecial Disability FundSilicosisOccupational Lung DiseasePermanent Partial DisabilityReimbursement ClaimsStandingSubstantial EvidenceAppellate ReviewMedical Diagnosis
References
10
Case No. MISSING
Regular Panel Decision

Parrelli v. Atlantic Construction

The claimant, who previously suffered a hand injury and received a lump-sum settlement, filed a second workers' compensation claim in 2000 for asbestos-related lung disease. A Workers' Compensation Law Judge initially awarded lost wages, but the Workers’ Compensation Board eliminated this award, ruling no causal relationship between the lung disease and loss of earnings, as the claimant retired due to other ailments. The appellate court affirmed the Board's decision, noting the claimant's failure to seek suitable work within medical limitations despite doctors' warnings about asbestos exposure, and the lack of evidence that the lung disease affected his earning capacity.

Asbestos ExposurePleural DiseaseCausal RelationshipLoss of EarningsPermanent Partial DisabilityDisability RetirementMedical LimitationsEarning CapacityAppellate ReviewVocational Rehabilitation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Pacatte v. SUNY Cobleskill

This case concerns a claim for workers' compensation death benefits filed by James Pacatte's wife following his death from chronic obstructive pulmonary disease and lung cancer. The claimant asserted that his lung conditions resulted from occupational exposure. Initially, a Workers’ Compensation Law Judge found a work-related injury due to the employer's failure to comply with prehearing statement service requirements, a decision affirmed by the Board. However, the appellate court reversed this decision, ruling that the claimant failed to provide sufficient medical evidence of a causal relationship between decedent's employment and his death. The court found the physician's statements of "possible occupational exposure" to be equivocal and insufficient to establish probable causation. The matter was consequently remitted to the Workers’ Compensation Board for further proceedings.

Causal RelationshipOccupational Lung DiseaseAsbestos ExposureMedical CausationWorkers' Compensation Death BenefitsEvidentiary StandardAppellate ReversalRemittitur
References
12
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