Claim of Koenig v. State Insurance Fund
Cases that cite this one
11 later published cases cite this decision.
- Matter of Bosque v. Prime Support Inc. (Appellate Division of the Supreme Court of New York 2024)
- Claim of Bordonaro v. Genesee County Sheriff's Office (Appellate Division of the Supreme Court of New York 2017)
- Claim of Bordonaro v. Genesee County Sheriff's Office (Appellate Division of the Supreme Court of New York 2017)
- Claim of Thompson v. Genesee County Sheriff's Department (Appellate Division of the Supreme Court of New York 2007)
- Matter of Lavigne v. Hannaford Bros. Co. (Appellate Division of the Supreme Court of New York 2017)
- Estate of Moody v. Quality Structures, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Estate of Moody v. Quality Structures, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Claim of Browne v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2009)
- Hansen v. Syracuse Home Ass'n (Appellate Division of the Supreme Court of New York 2008)
- Babson v. Finch, Pruyn & Co. (Appellate Division of the Supreme Court of New York 2006)
- Grapo v. City of Buffalo (Appellate Division of the Supreme Court of New York 2005)
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 August 21, 2003, which ruled that claimant’s decedent did not sustain a compensable injury and denied her claim for workers’ compensation death benefits.
Claimant’s husband (hereinafter decedent), a self-employed certified public accountant, suffered cardiac arrest in his office and collapsed, expiring a week later in the hospital. The State Insurance Fund, claimant’s workers’ compensation carrier, controverted her claim for workers’ compensation death benefits and produced physician Steven Cagen, who was unable to
We now reverse. Inasmuch as there is no dispute that decedent’s initial injury occurred while he was working at his place of employment, he was entitled to the statutory presumption that the injury arose out of and in the course of such employment (see Workers’ Compensation Law § 21 [1]; Matter of Keevins v Farmingdale UFSD, 304 AD2d 1013, 1014 [2003]; Matter of Van Horn v Red Hook Cent. School, 75 AD2d 699 [1980]). Contrary to the argument by the Fund and the employer, this presumption also applies to accidents that, although witnessed, are unexplained (see Matter of Cartwright v Onondaga News Agency, 283 AD2d 837, 837-838 [2001]; Matter of Brasch v Investors Funding Corp., 23 AD2d 918, 919 [1965], lv denied 16 NY2d 483 [1965]). Thus, the presumption applies and it was the Fund’s burden, clearly not met here, to present “ ‘substantial evidence to the contrary which, as a matter of law, precludes the Board from crediting any explanation of the accident except that offered by the employer’ ” (Matter of Scalzo v St. Joseph’s. Hosp., 297 AD2d 883, 884 [2002], quoting Matter of Iacovelli v New York Times Co., 124 AD2d 324, 326 [1986]; see Matter of Barrington v Hudson Val. Fruit Juice, 297 AD2d 886, 887 [2002]). In light of the undisputed account of decedent’s collapse, and absent any conflicting medical or factual evidence for the Board to weigh, it was not proper to deny claimant benefits on the ground that she did not establish a prima facie case of causality (see Matter of Holmes v Kelly Farm & Garden, 1 AD3d 743, 743 [2003]; cf. Matter of Estate of Hertz v Gannett Rochester Newspapers, 272 AD2d 814, 815 [2000]). Accordingly, the Board’s decision cannot be sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.