Claim of Manley v. Municipal Housing Authority of Utica
Cases that cite this one
2 later published cases cite this decision.
- Claim of Fina v. New York State Olympic Regional Development Authority (Appellate Division of the Supreme Court of New York 2004)
- Harriman v. Shaw Aero Devices, Inc. (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
Appeal from a decision of the Workers’ Compensation Board, filed February 7, 2002, which ruled that the death of claimant’s decedent did not arise out of and in the course of his employment and denied the claim for workers’ compensation death benefits.
Decedent suffered an unwitnessed fatal heart attack while working as a painter for the employer. Claimant, decedent’s widow, filed a claim for workers’ compensation death benefits, which was controverted by the employer and its workers’ compensation carrier. Following a hearing, the Worker’s Compensation Law Judge (hereinafter WCLJ) credited the opinion of the employer’s medical expert — that decedent’s death was due to significant preexisting and progressive coronary artery disease — over the opinion of claimant’s medical expert that the death was causally related to his employment. The WCLJ thus determined that decedent’s heart attack was not causally related to his employment. Claimant applied for review of the WCLJ’s decision, proffering new, additional medical evidence to rebut the deposition testimony of the employer’s expert. A panel of the Worker’s Compensation Board again credited the opinion of the employer’s expert, affirmed the WCLJ’s decision and denied the claim for workers’ compensation death benefits.
Claimant’s sole contention on this appeal is that the Board
Crew III, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.