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

Case No. MISSING
Regular Panel Decision

Claim of Gallo v. Village of Bronxville Police Department

Claimant, a police sergeant, filed for workers' compensation benefits after suffering a myocardial infarction on December 18, 2008. He experienced symptoms after exercising and ascending stairs at work, leading to a diagnosis of myocardial infarction. The Workers’ Compensation Board ruled that the infarction was caused by the stair climbing and arose out of his employment. The employer and its workers’ compensation carrier appealed this decision. The court affirmed the Board's ruling, citing substantial medical evidence from two cardiologists who opined that the work-related stair climbing precipitated the myocardial infarction, even with a preexisting coronary artery disease.

myocardial infarctionwork-related injuryworkers' compensationaccidental injurymedical causationpreexisting conditionstair climbingpolice sergeantappealBoard decision
References
8
Case No. 516964
Regular Panel Decision
Aug 07, 2014

MatterofGallovVillageofBronxvillePoliceDepartment

Stephen Gallo, a police sergeant, filed for workers' compensation benefits due to a work-related myocardial infarction in December 2008, which he attributed to physical exertion at work, specifically ascending stairs. The Workers' Compensation Board ultimately ruled that the infarction was precipitated by the stair climbing and arose out of his employment. The employer and its workers' compensation carrier appealed this decision. The Appellate Division affirmed the Board's determination, citing substantial medical evidence from two cardiologists who opined that the work-related stair climbing acted upon claimant's pre-existing coronary artery disease to trigger the myocardial infarction, thus establishing a causal link to his employment.

Workers' CompensationMyocardial InfarctionCausationPre-existing ConditionPhysical ExertionStair ClimbingPolice SergeantSubstantial EvidenceAppellate ReviewHeart Injury
References
8
Case No. MISSING
Regular Panel Decision

Stair v. Calhoun

Plaintiffs' counsel, Ballon Stoll Bader & Nadler, P.C., moved to withdraw from representing plaintiffs and sought a charging and retaining lien due to plaintiff Theodore Stair's substantial unpaid legal fees. Stair opposed the withdrawal, citing a pending settlement. The court granted counsel's motion to withdraw, finding Stair's prolonged failure to pay constituted deliberate disregard of his financial obligations. The court also granted a charging lien for $37,546.87, representing adjusted reasonable hours and expenses, but denied the motion for a retaining lien to prevent prejudice to the ongoing litigation and due to Stair's alleged indigence.

Withdrawal of CounselCharging LienRetaining LienUnpaid Legal FeesAttorney-Client RelationshipDeliberate DisregardQuantum MeruitShareholder DilutionMotion PracticeFee Dispute
References
86
Case No. 2016-06-0194
Regular Panel Decision
Sep 06, 2017

Coker, Alyce v. Fleetwood Homes, Inc.

Alyce Coker, a customer service representative for Fleetwood Homes, sustained a compression fracture of her L1 vertebrae in April 2015 due to a fall. Dr. M. Robert Weiss assigned her a 12% permanent impairment. The parties initially settled permanent partial disability benefits, but Ms. Coker sought increased benefits after resigning two days after returning to work due to pain from climbing stairs. The central legal issue was whether her resignation was voluntary, precluding increased benefits under Tennessee Code Annotated section 50-6-207(3)(D). The Court found Ms. Coker voluntarily resigned, as her work injury did not medically prevent stair climbing, and her subjective pain was not a sufficient basis for increased benefits. Consequently, her claim for increased permanent partial disability benefits was denied, and the case was dismissed with prejudice.

Permanent Partial Disability BenefitsVoluntary ResignationReturn to WorkStair Climbing RestrictionCompression FractureL1 Vertebrae InjuryMedical RestrictionsSubjective PainDeconditioningWorkers' Compensation Claims
References
2
Case No. MISSING
Regular Panel Decision

Claim of Gordon v. E. F. Hickey Co.

Decedent, a 45-year-old bricklayer, was struck on the chin by a shovel on November 14, 1950, causing an injury requiring stitches and subsequent nervousness and nausea. Two days later, he collapsed and died at his workplace due to hemopericardium and acute myocardial infarction. Medical proof linked the excitement from the initial injury to his heart disease, with stair climbing also considered a contributing factor. The Workmen's Compensation Board's award was unanimously affirmed on appeal.

Workmen's CompensationHeart DiseaseAccidental InjuryMyocardial InfarctionCausationMedical EvidenceWork-related DeathBricklayerAppeal DecisionWorkmen’s Compensation Board
References
0
Case No. MISSING
Regular Panel Decision
Apr 13, 1978

Tobin v. City of Yonkers

This case involves an appeal from a Workers’ Compensation Board decision, filed April 13, 1978, which affirmed an award of death benefits to the claimant. The Board found, based on the record and earlier testimony of Dr. Alesio, that the claimant sustained an accident arising out of and in the course of employment, and that the subsequent death was causally related to a myocardial infarction, finding the effect of climbing stairs was more than the wear and tear of life. The appellate court found substantial evidence to support the Board's determination and affirmed the decision.

Workers' CompensationDeath BenefitsMyocardial InfarctionCausationEmployment AccidentAppellate ReviewSubstantial EvidenceWear and Tear DoctrineMedical TestimonyBoard Decision
References
0
Case No. MISSING
Regular Panel Decision
May 11, 1982

Claim of Monette v. County of Albany

This case is an appeal from a Workers’ Compensation Board decision, filed May 11, 1982, which found a compensable heart injury for a deceased deputy sheriff. The 46-year-old decedent, who had pre-existing heart disease, experienced chest pains after strenuous work involving climbing stairs to serve summonses and warrants. He was found dead in the employer’s parking lot days later. While medical opinions conflicted on the causal link between his work and death, the Board determined that his work activities were sufficiently strenuous to precipitate a coronary occlusion. The court affirmed the Board's decision, concluding that there was substantial evidence to support the finding that the death arose out of and in the course of employment.

Workers' CompensationHeart AttackOccupational DiseaseCausationMedical OpinionBoard DecisionAppellate ReviewStrenuous EmploymentPre-existing ConditionCoronary Artery Disease
References
6
Case No. 2015-06-0024
Regular Panel Decision
May 26, 2015

Portilla, Gaynell v. Tyson Foods, Inc.

Gaynell Portilla, an employee of Tyson Foods, Inc., filed a request for an expedited hearing seeking medical benefits for an injury sustained on November 18, 2014. Ms. Portilla testified that she slipped on a greasy substance on her shoe after climbing stairs at work, leading to a fall and injuries to her lower back, elbow, and nose. Tyson Foods denied the claim, asserting the injury was idiopathic and not work-related, presenting video surveillance and an affidavit from a nurse indicating no hazardous condition. The Court found Ms. Portilla failed to prove by a preponderance of the evidence that her employment contributed more than fifty percent in causing the injury, noting inconsistencies in her testimony and the video evidence. Consequently, the Court denied her request for medical benefits.

Workers' CompensationSlip and FallEmployment InjuryMedical BenefitsBurden of ProofExpedited HearingIdiopathic InjuryWorkplace HazardVideo EvidenceNurse's Affidavit
References
8
Case No. 2020 NY Slip Op 08000 [189 AD3d 681]
Regular Panel Decision
Dec 29, 2020

Matias v. West 16th Realty LLC

Jose Matias, an employee of a linen company, sustained injuries on premises owned by West 16th Realty LLC and leased to Grey Dog Chelsea Inc. He was struck on the head by a cellar door while climbing stairs from the restaurant's cellar. The Appellate Division, First Department, reversed the Supreme Court's order, granting summary judgment to defendant West 16th Realty LLC. The court determined that as an out-of-possession landlord, West 16th Realty LLC was not liable, as the lease did not mandate cellar door maintenance or repair, and no significant structural or design defect violating a specific statutory safety provision was present. The court also held that West 16th owed no duty under the Administrative Code of the City of New York regarding the sidewalk.

Out-of-possession landlordPremises liabilitySummary judgmentCellar door accidentStructural defectStatutory safety provisionLease obligationsAdministrative Code liabilityAppellate DivisionFirst Department
References
9
Case No. MISSING
Regular Panel Decision

Bentley v. Peace and Quiet Realty 2 LLC

Daphne Bentley, a 66-year-old disabled woman, sued her landlord for refusing to allow her to move to a vacant lower-level, rent-stabilized apartment at her current rent, alleging a violation of the Fair Housing Act. Bentley, who suffers from cancer and difficulty climbing stairs, sought this accommodation to improve her ability to leave her top-floor apartment. The defendants moved to dismiss, arguing the requested accommodation was not contemplated by the FHAA, contending Bentley sought to accommodate her poverty, not her disability, and that offering the apartment at its maximum legal rent fulfilled their obligations. The court denied the defendants' motion to dismiss, ruling that Bentley's request to transfer units within the building is a cognizable accommodation under the FHAA and that a disability-neutral policy does not automatically preclude an inquiry into the reasonableness of the proposed accommodation. The court scheduled a hearing to determine the reasonableness and potential burden of the requested accommodation.

Disability AccommodationFair Housing ActRent Stabilization LawReasonable AccommodationHousing DiscriminationTenant RightsUndue BurdenMotion to DismissFederal JurisdictionEqual Opportunity
References
19
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