Claim of Moltzon v. Computer Associates
Cases that cite this one
2 later published cases cite this decision.
- Claim of Brown v. New York City Department of Correction (Appellate Division of the Supreme Court of New York 2010)
- Cappellino v. Baumann & Sons Bus Co. (Appellate Division of the Supreme Court of New York 2008)
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 September 21, 2005, which ruled that the death of claimant’s decedent was not causally related to his employment.
Decedent, claimant’s husband, was at LaGuardia Airport in New York City for business-related travel when he suffered a fatal heart attack. Following hearings, a Workers’ Compensation Law Judge determined that work-related stress was a precipitating cause of decedent’s death and awarded claimant workers’ compensation benefits. That decision was reversed by the Workers’ Compensation Board which, based on its finding that testimony offered by the employer’s medical expert was more credible than that offered by claimant’s consulting physician, concluded that the record lacked sufficient evidence to support a determination of causally related death. Claimant now appeals, asserting that the employer failed to overcome the presumption of compensability afforded her under Workers’ Compensation Law § 21 (1) and, thus, the Board’s decision is not supported by substantial evidence.
We disagree, affirm and note initially that, inasmuch as both a death certificate and autopsy report list the cause of decedent’s death, which was witnessed, as atherosclerotic cardiovascular disease, Workers’ Compensation Law § 21 (1) is inapplicable and claimant must establish a causally related death (see Matter of Crapo v City of Buffalo, 24 AD3d 838, 839 [2005]). Although claimant’s medical expert, Marc Fames, opined that decedent’s myocardial infarction was the result of work-induced stress, the employer’s medical expert, Carl Friedman, testified
Peters, J.P, Spain, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.