Summary
The Appellate Division, Third Department affirmed a Workers' Compensation Board decision amending a claimant's award to include cardiac arrest causally related to a work-related ankle injury, deep vein thrombosis, and pulmonary embolism. The court held that competent medical evidence supported the Board's causation finding and rejected the carrier's narrow definition of cardiac arrest.
Holdings
- The Board's determination was supported by substantial evidence because competent medical testimony and records established that the claimant suffered cardiac issues and cardiac arrests causally related to the DVT and pulmonary embolism, which were causally related to the underlying work injury.
- The court rejected the carrier's proposed narrow definition of cardiac arrest because it was not supported by the record medical testimony and because the medical experts relied upon by the Board had not adopted or fully considered that definition.
Questions Presented
- Whether substantial evidence supported the Workers' Compensation Board's determination that the claimant suffered cardiac arrest causally related to his compensable injury.
- Whether the term "cardiac arrest" had to be narrowly defined as synonymous with death or the heart stopping and requiring intervention by medical personnel.
Disposition
affirmed
Cases Cited (8)
- Matter of Cartafalsa v Zurich Am. Ins. Co., 175 AD3d 1762, 1763 (2019)(followed)
- Matter of Issayou v Issayuou Inc., 174 AD3d 1277, 1277-1278 (2019), lv denied 34 NY3d 909 (2020)(followed)
- Matter of Rossi v Albert Pearlman Inc., 188 AD3d 1362, 1363 (2020)(followed)
- Matter of Gallo v Village of Bronxville Police Dept., 120 AD3d 849, 850 (2014)(followed)
- Matter of White v House, 147 AD3d 1173, 1174-1175 (2017)(followed)
- Matter of Kotok v Victoria's Secret, 181 AD3d 1146, 1148 (2020)(followed)
- Matter of Ellis v First Student, Inc., 174 AD3d 1243, 1245 (2019)(followed)
- Matter of Granville v Town of Hamburg, 136 AD3d 1254, 1256 (2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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