Claim of Barrington v. Hudson Valley Fruit Juice, Inc.
Cases that cite this one
9 later published cases cite this decision.
- Claim of Stevenson v. Yellow Roadway Corp. (Appellate Division of the Supreme Court of New York 2014)
- Claim of Stevenson v. Yellow Roadway Corp. (Appellate Division of the Supreme Court of New York 2014)
- Claim of Thompson v. Genesee County Sheriff's Department (Appellate Division of the Supreme Court of New York 2007)
- In re the Claim of Brown v. Clifton Recycling (Appellate Division of the Supreme Court of New York 2003)
- Claim of Browne v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2009)
- Claim of Wallas v. Mastic Beach Excavation, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Claim of Koenig v. State Insurance Fund (Appellate Division of the Supreme Court of New York 2004)
- In re the Claim of Holmes v. Kelly Farm & Garden, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Wichtendahl v. Arrow Bus Line (Appellate Division of the Supreme Court of New York 2003)
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
While at work, claimant’s decedent suffered an intracerebral hemorrhage, collapsed and was taken to the hospital. Employed as a factory laborer, there is no evidence of decedent’s precise activity at the time he was stricken or if anyone witnessed his collapse. One day later, he was pronounced dead and it is undisputed that he died as the result of the intracerebral hemorrhage he suffered while at work. A claim for workers’ compensation death benefits was filed by claimant, decedent’s widow, and the employer controverted the claim. Following a hearing, a Workers’ Compensation Law Judge (hereinafter WCLJ) closed the case for lack of prima facie medical evidence. The case was later reopened for reconsideration of the issue and, following a hearing, a subsequent WCLJ decided, based upon the presumption of compensability in Workers’ Compensation Law § 21 (1), that there was sufficient medical evidence to proceed with the claim. On appeal, the Workers’ Compensation Board rescinded the WCLJ’s decision and closed the case, ruling that the medical reports submitted by claimant did not constitute prima facie evidence of a causal relationship between decedent’s death and his employment. Claimant now appeals.
Initially, we find that, under these facts, the Board erred in requiring claimant to come forward, in the first instance, with prima facie medical evidence of a causal relationship between decedent’s death and his employment. Notably, the cases cited by the Board in support of its requirement that claimant come forward with prima facie medical evidence of causality deal solely with disability claims (see Matter of De Salvo v Prudential Ins. Co. of Am., 248 AD2d 897; Matter of Mitchell v New York City Tr. Auth., 244 AD2d 723, Iv denied 91 NY2d 809). Rather, we find that, in this instance, the scant evidence concerning the circumstances of decedent’s death compels application of Workers’ Compensation Law § 21 (1), which
Cardona, P.J., Spain, Carpinello and Rose, JJ., concur. Ordered that the decision is reversed, without costs, and matter remitted to the Workers’ Compensation Board for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.