Claim of Marillo v. Cantalician Center for Learning
Cases that cite this one
10 later published cases cite this decision.
- Matter of Perez v. SN Gold Corp. (Appellate Division of the Supreme Court of New York 2017)
- Claim of Regan v. City of Hornell Police Department (Appellate Division of the Supreme Court of New York 2015)
- Claim of Regan v. City of Hornell Police Department (Appellate Division of the Supreme Court of New York 2015)
- Claim of Lucke v. Ellis Hospital (Appellate Division of the Supreme Court of New York 2014)
- Claim of Lucke v. Ellis Hospital (Appellate Division of the Supreme Court of New York 2014)
- Claim of Tames v. New York Medical College (Appellate Division of the Supreme Court of New York 2006)
- Claim of Potter v. Curtis Lumber Co. (Appellate Division of the Supreme Court of New York 2004)
- Claim of Charlotten v. New York State Police (Appellate Division of the Supreme Court of New York 2001)
- Claim of Keane v. New York State Electric & Gas Co. (Appellate Division of the Supreme Court of New York 2000)
- Claim of Joslyn v. Oneida County Sheriff's Department (Appellate Division of the Supreme Court of New York 1999)
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 February 6, 1998, which ruled that claimant sustained a compensable injury and awarded workers’ compensation benefits.
Claimant was employed by the Cantalician Center for Learning (hereinafter the Center) as the Assistant to the Executive Director from March 1982 until March 1990. Operated by the Felician Sisters and sponsored by the Diocese of Buffalo, the Center is a not-for-profit service agency designed to provide education services to individuals with developmental disabilities. Over the years claimant gradually assumed more administrative responsibilities due to the advanced age and declining health of the former Executive Director. Eventually, in early 1990, a Co-Executive Director was appointed who
Following a hearing, the Workers’ Compensation Law Judge (hereinafter WCLJ) determined that claimant had sustained a compensable injury due to work-related stress. The Workers’ Compensation Board panel ruled that claimant’s “accidental injury” was sustained on March 13, 1990, triggered by events culminating in a contentious meeting of the Center’s Board of Directors. The full Board, however, remitted .the claim to the WCLJ for further development of the issues and after further testimony, the WCLJ reinstated his previous determination. The Board affirmed, finding that claimant’s psychiatric problems were caused by work-related stress which “constitute[d] an accidental injury arising out of and in the course of employment”. The Center and its third-party administrator now appeal.
In order to constitute a viable claim premised on work-related stress, “the stress must be greater than that which usually occurs in the normal work environment” (Matter of Troy v Prudential Ins. Co., 233 AD2d 635; see, Matter of Leggio v Suffolk County Police Dept., 245 AD2d 897, 898-899; Matter of La Mendola v Butler, 179 AD2d 862; Matter of Kaliski v Fairchild Republic Co., 151 AD2d 867, 868, affd 76 NY2d 1002). The Board in this case specifically found that claimant was subjected to “undue work-related stress” based on testimony that claimant’s involvement in the expansion of the Center caused an extremely tense situation as financial difficulties mounted. Testimony further revealed that claimant had an acrimonious relationship with his superiors regarding the Center’s operations which caused him to be depressed and anxious. Claimant also explained that he had been very troubled by the deaths of two children in the Center’s care in 1988 and 1989. Because the determination of whether claimant experienced greater than normal work-related stress was a factual issue for the Board to resolve (see, Matter of Leggio v Suffolk County Police Dept., supra, at 899; Matter of La Mendola v Butler, supra, at 862), we find no reason to disturb the Board’s decision which was supported by substantial evidence (see, Matter of Kaliski v Fairchild Republic Co., supra, at 868).
Mikoll, J. P., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.