Claim of Kroeger v. New York State Workers' Compensation Board
Cases that cite this one
14 later published cases cite this decision.
- Claim of the Estate of Kramer v. Ultra Blend Corp. (Appellate Division of the Supreme Court of New York 2002)
- Claim of Nappi v. Bell Atlantic Corp./NYNEX (Appellate Division of the Supreme Court of New York 2001)
- Claim of Masi v. Town of Clarkstown (Appellate Division of the Supreme Court of New York 1999)
- Weber v. Northberry Construction (Appellate Division of the Supreme Court of New York 1999)
- Ozga v. Pathmark Stores, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Keck v. New York State Division of Substance Abuse Services (Appellate Division of the Supreme Court of New York 1998)
- Claim of Stewart v. P & C Food Markets, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Claim of Morrell v. Onondaga County (Appellate Division of the Supreme Court of New York 1997)
- Claim of Ayers v. Tioga County Sheriff's Department (Appellate Division of the Supreme Court of New York 1997)
- Claim of Connelly v. Connelly (Appellate Division of the Supreme Court of New York 1997)
- Hinton v. Acme Steel & Malleable Iron Works (Appellate Division of the Supreme Court of New York 1997)
- Wood v. Beam Mack Sales & Service (Appellate Division of the Supreme Court of New York 1997)
- Claim of Barber v. Dayspring Constructors (Appellate Division of the Supreme Court of New York 1996)
- Claim of Gordon v. Paul (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a decision of the Workers’ Compensation Board, filed December 23, 1993, which ruled that the death of claimant’s decedent was causally related to his employment and awarded claimant workers’ compensation benefits.
Claimant’s decedent was a Commissioner of the New York State Workers’ Compensation Board. After leaving work on November 8, 1991, decedent collapsed as he was exiting a bus and died of an intercranial pontine hemorrhage. Thereafter, claimant, decedent’s widow, filed a claim for workers’ compensation death benefits. After a hearing, the Workers’ Compensation Board found that decedent’s death was causally related to the stress of his job and, accordingly, awarded claimant death benefits. The decedent’s employer and its insurance carrier appeal, arguing that this decision is not supported by substantial evidence.
Initially, there is undisputed testimony in the record that decedent was under significant job pressures the week preceding his death. There is also undisputed evidence that decedent was obese and suffered from hypertension and arteriosclerosis. However, the medical testimony presented as to the actual cause of decedent’s death was conflicting. One expert testified that the stressful events occurring on November 5, 1991 and November 8, 1991 acted upon decedent’s preexisting medical condition to cause the stroke which resulted in his death. Another expert testified that the work-related stresses experienced by decedent before his death were not sufficient to cause the hemorrhage which resulted in his death. It being within the Board’s province to assess the weight to be given this conflicting medical testimony (see, Matter of Lynch v New York City Hous. Auth., 169 AD2d 1029; Matter of Dineen v Islip Fire Dist., 135 AD2d 969), we cannot say that its decision is not supported by substantial evidence. Accordingly, the Board’s decision must be affirmed.
Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.