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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 Thompson v. Genesee County Sheriff's Department

A correction officer, with a history of heart issues, died at work from ventricular arrhythmia after being informed of mandatory firearms qualification, which he found stressful. His spouse filed for workers' compensation death benefits, arguing job-related stress caused his death. A Workers' Compensation Law Judge initially found a causal relationship, but the Workers' Compensation Board reversed this decision. On appeal, the court reversed the Board's decision, ruling that the statutory presumption under Workers’ Compensation Law § 21 (1) should have been applied because the death occurred at work and its cause was unwitnessed or unexplained. The court concluded that the employer's carrier failed to provide substantial evidence to rebut this presumption.

Workers' CompensationCausal RelationStatutory PresumptionVentricular ArrhythmiaEmployment StressFirearms TrainingBurden of ProofUnexplained DeathCorrection OfficerGenessee County
References
9
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
12
Case No. MISSING
Regular Panel Decision

Howard v. National Educ. Ass'n of New York

Plaintiff Carole Howard sued defendants National Education Association of New York (NEANY) and Hartford Life Insurance Company after Hartford Life denied accidental death benefits following the death of her husband, Richard Howard. Mr. Howard, an NEANY employee, died suddenly from ventricular arrhythmia, which Hartford Life attributed to heart disease, not an accident. The Court conducted a bench trial and performed a de novo review of the policy's "accidental" definition under ERISA. Despite testimony about Mr. Howard's significant job-related stress, the Plaintiff's medical experts could not definitively link his death to an accidental cause, listing factors like age, cholesterol, hypertension, and obesity. Concluding that the Plaintiff failed to overcome the presumption of death by natural causes, the Court found in favor of the Defendants on all claims.

ERISAAccidental Death PolicyInsurance BenefitsHeart AttackVentricular ArrhythmiaCoronary AtherosclerosisMyocardial InfarctionWork-Related StressMedical EvidenceDe Novo Review
References
23
Case No. MISSING
Regular Panel Decision

Claim of Ayers v. Tioga County Sheriff's Department

The Workers’ Compensation Board ruled that the death of a claimant’s decedent, the Sheriff of Tioga County, arose out of his employment due to cardiac arrhythmia caused by job-related stress, and awarded death benefits. The Appellate Division affirmed this decision, finding substantial evidence to support the Board's conclusion. Medical experts testified that the decedent's stress from lawsuits and political controversy contributed to his cardiac arrhythmia, despite a history of hypertension and arteriosclerosis.

Workers' CompensationDeath BenefitsCardiac ArrhythmiaJob StressCausal RelationMedical TestimonySubstantial EvidenceAppellate ReviewTioga CountySheriff
References
2
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Hurlbutt v. A. J. Cerasaro, Inc.

Decedent, Jack C. Hurlbutt, died after falling from a crane during work. His estate filed a claim, asserting ventricular fibrillation caused by the fall or work-related anxiety. The employer's expert argued a spontaneous, non-work-related event. The Workers' Compensation Board credited the claimant's medical expert, concluding death was due to ventricular fibrillation caused by the trauma of the fall while in the course of employment. The employer appealed, but the court affirmed the Board's decision, citing its prerogative to choose between conflicting medical opinions and finding the statutory presumption of work-relatedness for unwitnessed accidents was not rebutted.

Workers' CompensationUnwitnessed AccidentPresumption of Arising Out of EmploymentVentricular FibrillationCause of DeathMedical Opinion ConflictFact-Finding PowerAppellate ReviewCourse of EmploymentStatutory Presumption
References
4
Case No. MISSING
Regular Panel Decision

Estate of Moody v. Quality Structures, Inc.

Decedent, a laborer, collapsed and died on his first day of work at a construction site while pouring and raking concrete. His estate applied for workers' compensation death benefits for his children. The Workers' Compensation Board affirmed the claim, invoking the presumption of compensability under Workers’ Compensation Law § 21 (1), as the employer failed to rebut it with substantial evidence. An independent medical report by cardiologist Stephen Nash attributed death to cardiac arrhythmia and enlarged heart, with lack of sleep as a contributory factor, but did not rule out work involvement. The court affirmed the Board's decision, finding the cause of the fatal arrhythmia unexplained and the employer's evidence insufficient to overcome the presumption.

Workers' Compensation Death BenefitsCausally Related EmploymentPresumption of CompensabilityCardiac ArrhythmiaEnlarged HeartIndependent Medical ReportConstruction Laborer DeathUnexplained CollapseRebuttal of PresumptionSubstantial Evidence
References
7
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Jun 19, 2009

Cesar Ramirez vs. Time Warner Cable, ESIS, INC.

This case concerns a denial of reconsideration for a workers' compensation claim. The Appeals Board reaffirmed its prior decision that the applicant did not sustain an industrial injury arising from a motor vehicle accident. The applicant's alleged ventricular fibrillation was deemed a spontaneous event unrelated to his employment, and his belated recollection of the accident was not credited as substantial evidence of industrial causation. The Board maintained its authority to reweigh evidence and reject the findings of the administrative law judge.

Workers' Compensation Appeals BoardCesar RamirezTime Warner CableESIS Inc.petition for reconsiderationindustrial causationmotor vehicle accidentlone ventricular fibrillationburden of proofdelayed memory
References
1
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Apr 09, 2009

CESAR RAMIREZ vs. TIME WARNER CABLE, ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant Cesar Ramirez did not sustain an industrial injury. The Board found his ventricular fibrillation, which caused a motor vehicle accident, was a spontaneous, non-industrial medical event. The applicant's claim that a sudden stop in traffic caused "shock" leading to the fibrillation was not credited by the Board. Therefore, the applicant failed to prove his injury arose out of and occurred in the course of employment.

Ventricular fibrillationLone ventricular fibrillationSpontaneous eventNon-industrial medical conditionMotor vehicle accidentIndustrial causationReconsiderationPanel Qualified Medical Evaluator (QME)FrankbackIdiopathic seizure
References
2
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
4
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