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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 14, 1971

Claim of Currie v. Town of Davenport

Claimant appeals a decision by the Workmen’s Compensation Board regarding Vernon Currie's death. Currie, an employee of the Town of Davenport, died of cardiac arrest while carrying water at a landfill. He had pre-existing heart disease and diabetes. The claimant's physician testified that exertion contributed to his death. The Board, however, found insufficient exertion, relying on reports from the coroner (Dr. Wilbur) and Dr. Walters. The court found that these reports did not support the Board's finding and that Dr. Walters' report erroneously disregarded established medical authority on exertion precipitating cardiac attacks. The court concluded there was no substantial evidence to support the Board's finding and, therefore, reversed the decision and remitted the matter for further proceedings.

Cardiac ArrestExertionPre-existing ConditionMyocardial InfarctionMedical Expert TestimonyEvidence SufficiencyAppellate ReviewRemandOccupational FatalityCausation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Posik v. William Isherwood, Inc.

This case concerns an appeal by an employer and its insurance carrier from an award of death benefits. The decedent, a plasterer's helper, collapsed and died on the job shortly after strenuous physical exertion involving unloading heavy bags and pushing a loaded hand truck. A medical witness testified that this exertion led to coronary insufficiency and subsequent "electrical death." Despite cross-examination suggesting the possibility of death at any time, the witness maintained a causal link, which the board accepted. The decision, finding causation and awarding benefits, was affirmed.

Workers' CompensationDeath BenefitsHeart AttackStrenuous ExertionCoronary InsufficiencyMedical CausationAppellate DecisionOccupational DeathPlasterer's Helper
References
5
Case No. MISSING
Regular Panel Decision
Jul 09, 1982

Claim of Bartolotta v. Metz

Claimant, a 59-year-old inside painter with a pre-existing arteriosclerotic heart disease, suffered a myocardial infarction on January 5, 1979, while painting at work. He had experienced a similar episode in December 1978 but did not seek medical attention. The Workers' Compensation Board found the myocardial infarction compensable, stating the painting work involved more exertion than the ordinary wear and tear of life given his pre-existing condition. The employer and carrier appealed, arguing the work was not strenuous. The court affirmed the Board's decision, citing substantial medical evidence that the exertion of painting precipitated the cardiac event.

myocardial infarctionarteriosclerotic heart diseasecompensable injurystrenuous workpre-existing conditionmedical testimony conflictsubstantial evidenceWorkers' Compensation Lawcausationappellate review
References
2
Case No. Dkt. # 6, Dkt. # 7
Regular Panel Decision
Feb 05, 2013

Crayton v. Astrue

Plaintiff appeals the denial of supplemental security income benefits by the Commissioner of Social Security. Plaintiff filed an application for Supplemental Security Income benefits in 2009, alleging inability to work due to various medical conditions. An Administrative Law Judge (ALJ) denied the application, and the Appeals Council denied review, making the ALJ's decision final. The District Court reviews the Commissioner's decision, finding that while the ALJ's assessment of exertional limitations was supported by substantial evidence, the ALJ failed to apply the Psychiatric Review Technique (PRT) in analyzing non-exertional limitations. Consequently, the court remands the matter for further proceedings consistent with its opinion, specifically for proper application of the PRT.

Supplemental Security IncomeSocial Security ActDisability BenefitsAdministrative Law JudgePsychiatric Review TechniqueRFCExertional LimitationsNon-exertional LimitationsDepressionAnxiety
References
15
Case No. MISSING
Regular Panel Decision

Chayut v. Levitt

The petitioner, a Sullivan County Deputy Sheriff, suffered a heart attack after experiencing strenuous activity during a search for an escaped chimpanzee in September 1972. His application for benefits was subsequently denied by the respondent, arguing that over-exertion resulting in heart impairment did not constitute an "accident" under section 63 of the Retirement and Social Security Law, citing previous case law. The hearing officer accepted this argument despite a lack of medical evidence. The court found that the respondent's determination was not supported by substantial evidence and was based on an erroneous interpretation of prior case law. The court clarified that work-related exertions could indeed amount to an "accident" and that the Comptroller's authority to make such determinations must be based on substantial evidence. The original determination was annulled, and the matter was remitted for further proceedings to gather necessary medical evidence and make findings consistent with the court's interpretation.

Heart AttackDisability BenefitsAccident InterpretationOver-exertionSubstantial EvidenceRemittalDeputy SheriffChimpanzee SearchErroneous Legal InterpretationPre-existing Condition
References
9
Case No. MISSING
Regular Panel Decision
May 10, 1979

Raio v. Hawaii Kai Restaurant

Claimant, a guitarist, suffered an acute myocardial infarction while performing after physical exertion during employment. The Workers’ Compensation Board determined the injury was causally related to his employment, a decision subsequently challenged on appeal. Although an impartial specialist opined against causal relation, the record contained other medical testimony and reports supporting the Board's decision. The appellate court affirmed the Board's finding, assessing costs against the employer and its insurance carrier.

Myocardial InfarctionOccupational InjuryCausationMedical TestimonyWorkers' Compensation AppealBoard DecisionSubstantial EvidenceGuitaristPhysical ExertionAppellate Review
References
0
Case No. MISSING
Regular Panel Decision

Caramante v. Regan

A police sergeant from Rochester injured his back while moving a desk and subsequently applied for accidental disability retirement benefits. The respondent denied the application, asserting that the incident did not constitute an 'accident' under Retirement and Social Security Law § 363. The court, referencing established legal precedents, concluded that the injury resulted from the petitioner's own voluntary physical exertion during a routine work task, rather than an unforeseen or accidental event. Consequently, the court affirmed the respondent's determination and dismissed the petition.

accidental disability retirementpolice sergeantback injurydesk movementphysical exertionvoluntary actnot an accidentretirement benefitsCPLR article 78 proceedinginjury causation
References
8
Case No. MISSING
Regular Panel Decision
Aug 23, 1991

Sturtevant v. Broome County

The claimant, a fire investigator, suffered a myocardial infarction after physical exertion during an investigation. The Workers' Compensation Board found a causal connection between his employment and the infarction, a finding supported by medical testimony. The appellate court affirmed this finding. Additionally, the Board's decision to discharge the Special Disability Fund under Workers’ Compensation Law § 15 (8) (d) was upheld because the employer failed to prove that the claimant's preexisting diabetes hindered his job potential, a prerequisite for reimbursement from the fund.

myocardial infarctionfire investigatorworkers' compensationcausal connectionpreexisting conditionSpecial Disability Fundjob potentialdiabetescoronary atherosclerosismedical testimony
References
10
Case No. MISSING
Regular Panel Decision

Claim of Pengal v. Chloe Foods Corp.

A truck driver suffered a stroke at work and filed for workers' compensation benefits. The Workers' Compensation Board denied the claim, finding no causal link between the stroke and employment. This decision was based on the employer's medical expert, who attributed the stroke to the claimant's various preexisting conditions, despite the claimant's medical expert suggesting job-related exertion. The appellate court affirmed the Board's determination, concluding that it was supported by substantial evidence, as the Board has the authority to credit one medical opinion over another.

Workers' CompensationStrokeCausationPreexisting ConditionsMedical Expert OpinionPresumption of CompensabilitySubstantial EvidenceAppellate ReviewEmployment-Related InjuryTruck Driver
References
4
Case No. MISSING
Regular Panel Decision

Claim of Kushner v. Landau, Newman & Rosen

Claimant, a fur nailer, sustained a myocardial infarction while stretching an exceptionally small fur skin, which required increased and unusual effort. The employer corroborated that certain small skins demand significant exertion from the worker. The Workmen's Compensation Board determined that the excessive strain was related to the heart attack and resultant disability, a finding supported by substantial medical evidence. An appeal by the employer and its insurance carrier, who argued against the finding of an accident due due to the absence of unusual effort, was unanimously affirmed.

Myocardial InfarctionFur NailingExcessive StrainWork-Related InjuryUnusual EffortDisabilityWorkmen's CompensationAppealHeart AttackMedical Evidence
References
0
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