Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2023 NY Slip Op 05171 [220 AD3d 1031]

Regular Panel Decision

Oct 12, 2023

Matter of Polonski v. Town of Islip

Theresa Polonski, claimant, sought death benefits following the death of her husband, a highway maintenance crew leader, who died shortly after returning to strenuous work duties. The cause of death was listed as atherosclerotic and hypertensive cardiovascular disease, secondary to acute Oxycodone intoxication. A Workers' Compensation Law Judge ruled the death causally-related to employment, which was affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, citing the presumption of compensability for unwitnessed deaths during employment and expert testimony linking decedent's work activities to his fatal cardiac arrhythmia despite preexisting conditions.

Causal RelationshipDeath BenefitsUnwitnessed DeathPresumption of CompensabilityCardiovascular DiseaseOxycodone IntoxicationMedical Expert OpinionPreexisting ConditionWork-Related StrainVentricular Arrhythmia

References

Case No. 535424

Regular Panel Decision

Oct 12, 2023

In the Matter of the Claim of Theresa Polonski (Polonski, Jeff (dec'd))

Theresa Polonski filed a claim for death benefits for her husband, a highway maintenance crew leader, who died shortly after returning to strenuous work post-surgery. Despite his request for lighter duties, he was tasked with demolition and snow clearing, leading to fatigue and chest pains, culminating in his death from cardiovascular disease and Oxycodone intoxication according to an autopsy. The Workers' Compensation Board ruled the death causally-related to employment, a decision affirmed on appeal. The Appellate Division found sufficient medical evidence from the claimant's expert linking the arduous work activities to a fatal ventricular arrhythmia, supporting the Board's decision despite pre-existing conditions and conflicting expert opinions.

Workers' CompensationCausationDeath BenefitsEmployment-Related DeathCardiovascular DiseaseSpinal FusionExertionPreexisting ConditionMedical EvidenceAppellate Review

References

Showing 1-2 of 2 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Matter of Polonski v. Town of Islip

In the Matter of the Claim of Theresa Polonski (Polonski, Jeff (dec'd))

Workers' CompensationCausationDeath BenefitsEmployment-Related DeathCardiovascular DiseaseSpinal FusionExertionPreexisting ConditionMedical EvidenceAppellate Review