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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 Hannon v. Ellicott Square Associates

This case concerns an appeal from a Workmen's Compensation Board decision filed November 22, 1974. The board had found that prolonged emotional stress and strain contributed to the death of a 50-year-old building manager, whose existing hypertensive cardiovascular disease was exacerbated by the stress. The stress stemmed from a portion of his building's cornice falling, leading to the manager's collapse and subsequent death from a massive intercerebral hemorrhage. Medical experts provided conflicting testimony regarding the causality between the emotional strain and death. However, the Board, exercising its fact-finding powers, accepted the opinion that the emotional strain was an unusual factor contributing to his fatal attack. The appellate court affirmed the Board's decision, concluding it was supported by substantial medical evidence and should not be disturbed.

emotional stresshypertensive cardiovascular diseaseintercerebral hemorrhageworkplace accidentmedical causalitycompensable deathWorkers' Compensation Lawsubstantial evidenceBoard decision affirmedcoronary heart disease
References
4
Case No. MISSING
Regular Panel Decision
Mar 30, 1966

Claim of Nicotera v. Dorn's Transportation

A claimant appealed a decision by the Workmen’s Compensation Board denying death benefits for a decedent. The 55-year-old decedent, a trucking terminal manager, died from a myocardial infarction shortly after a heated argument with a truck driver, Joseph Gambino, regarding his work. Dr. Meyers examined the decedent, noting chest pain and an irregular heartbeat before his death. The Board concluded that the decedent's activities did not involve strain greater than that occasionally experienced by all workers, a finding affirmed on appeal based on established precedent regarding emotional strain as accidental injury.

Death BenefitsMyocardial InfarctionEmotional StrainAccidental InjuryCourse of EmploymentWorkers' Compensation LawBoard Decision AffirmedMedical ExaminationCausationWork-Related Argument
References
6
Case No. MISSING
Regular Panel Decision
Aug 18, 1971

Claim of Bernsley v. Telemarine Communications Co.

Appeal from a decision of the Workmen’s Compensation Board which allowed a claim for death benefits. The decedent, a principal in the appellant corporation, died from cardiac failure during an emotional discussion about a vault tax assessed against a related corporation and paid by the appellant. The board found that the tax problems arose from decedent's employment with the appellant and that the emotional strain caused his death. The court affirmed the board’s finding that the problems over the vault tax arose out of and during the course of decedent’s employment and that the emotional strain and anxiety from dealing with the tax problems caused decedent’s death.

Death benefitsCardiac failureEmotional strainEmployment-related deathVault taxWorkmen's Compensation Board appealCausationSubstantial evidenceEmployer liability
References
2
Case No. MISSING
Regular Panel Decision

Claim of Zaner v. My Toy Co.

The Workmen’s Compensation Board determined that emotional stress and strain experienced during employment were causative factors in the claimant's myocardial infarction and subsequent death. The Board concluded that the effort involved a greater degree of emotional strain and tension than what workers are typically subjected to, thus constituting an accidental injury arising out of and in the course of employment, with the death causally related to this injury. The court, acting on an appeal from these decisions, reviewed the findings. Ultimately, the court affirmed the board's determination, citing substantial evidence to support the original findings. Costs were awarded to the respondents who filed briefs against the appellants.

Workers' CompensationMyocardial InfarctionEmotional StressCausationAccidental InjuryCourse of EmploymentSubstantial EvidenceBoard DeterminationAppealAffirmed
References
0
Case No. MISSING
Regular Panel Decision
Mar 19, 1969

Claim of Mulholland v. New York State Department of Public Works

The case involves an appeal by a claimant whose husband, an engineer for the New York State Department of Public Works, died from coronary arteriosclerosis after experiencing significant emotional stress. The stress stemmed from an upcoming experimental meeting and a dilemma regarding the falsification of inventory data to prevent dissipation of stockpiled goods. The appellant contended that this emotional strain was a causal factor in his fatal coronary occlusion. However, the Workmen’s Compensation Board denied benefits, a decision affirmed on appeal. The court ruled that the emotional strain described was not greater than the ordinary stress workers occasionally face, thus not qualifying as an accidental injury under the Workmen’s Compensation Law.

Emotional StressCoronary OcclusionWorkers' Compensation BenefitsAccidental Injury ClaimCausationEmployment-Related StressBoard Decision ReviewJudicial ReviewFatal InjuryWork-Related Death
References
2
Case No. MISSING
Regular Panel Decision

Brogan v. International Business Machines Corp.

Plaintiff William J. Brogan, an employee of C.B. Strain and Company, sustained serious personal injuries while working at IBM's East Fishkill facility in Dutchess County. The accident occurred during the transportation of large deionization tanks within the facility, which was an integral part of a construction contract between Strain and IBM. Brogan was pinned by a shifting load on a flatbed truck due to unsecured tanks. He brought an action against IBM alleging violations of Labor Law §§200, 240 (1), and 241 (6). Supreme Court denied IBM's motion for summary judgment but partially granted plaintiff's cross-motion, finding IBM liable under Labor Law § 240 (1). This court affirmed the lower court's decision, concluding that the activity was part of construction and IBM had absolute liability under Labor Law § 240 (1) due to the failure to provide necessary safety devices.

Construction AccidentLabor Law § 240 (1)Labor Law § 200Labor Law § 241 (6)Summary JudgmentElevation-Related HazardsUnsecured LoadSafe Place to WorkNondelegable DutyProximate Cause
References
13
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
Case No. MISSING
Regular Panel Decision
Sep 11, 1997

Claim of Palumbo v. Medi-Bus Inc.

The claimant, an ambulette driver, appealed a decision by the Workers' Compensation Board that denied his claim for benefits, asserting he did not suffer a compensable injury. He testified to straining his lower back while moving a patient and claimed to have filed an incident report with his employer. However, his supervisor and the claims manager stated they had no prior knowledge of such a report. The Board ultimately discredited the claimant's testimony. The appellate court affirmed the Board's decision, reiterating the Board's authority as the definitive arbiter of witness credibility and finding no grounds to overturn its determination.

workers' compensationcompensable injuryback strainwitness credibilityincident reportappellate reviewboard decisionclaim denialemployment injury
References
2
Case No. ADJ1997686 (MON 0358806)
Regular
May 24, 2011

JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC., ACE AMERICAN INSURANCE COMPANY

The Appeals Board reversed the WCJ's award of 16% permanent disability for a neck injury. Dr. Brickman's report, which supported the award, was deemed unsubstantial as it relied on an incorrect medical history and erroneous legal theory regarding the cause of the applicant's sleep disturbance. The Board found that the applicant's sleep issues stemmed from a non-compensable psychological condition, not neck pain. Consequently, the Board adopted the opinion of PQME Dr. Portnoff, who concluded the applicant sustained a cervical strain with no resulting permanent disability.

Workers' Compensation Appeals BoardEAMS processing delayFindings and Awardindustrial injuryneck injuryassemblertemporary disabilitypermanent disabilityself-procured careAMA Guides
References
3
Case No. MISSING
Regular Panel Decision

Claim of Machajewski v. Town of Cambria

Gerald A. Machajewski, a volunteer firefighter for the Town of Cambria, died of an acute coronary artery thrombosis after responding to a chaotic automobile accident. His widow filed for workers' compensation death benefits, which the Workers’ Compensation Board established using presumptions from Volunteer Firefighters’ Benefit Law §§ 44 and 61. The Town and its carrier appealed, arguing the death was unrelated to his duties. The court affirmed the Board's decision, finding that the evidence supported unusual strain and effort, and the Town failed to rebut the claimant's entitlement to benefits.

Volunteer firefighterWorkers' compensation death benefitsCoronary artery thrombosisUnusual strain and effortCausationPresumptionsAppellate reviewCardiac eventExertionRebuttal evidence
References
4
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