Mack v. County of Rockland
Cases that cite this one
22 later published cases cite this decision.
- Zoss v. United Building Centers, Inc. (S.D. 1997)
- Sauer v. Tiffany Laundry & Dry Cleaners (S.D. 2001)
- Donna Heilweil v. Mount Sinai Hospital (2d Cir. 1994)
- Matter of Barker v. New York City Police Dept. (Appellate Division of the Supreme Court of New York 2019)
- In re the Claim of Engler v. United Parcel Service (Appellate Division of the Supreme Court of New York 2003)
- Claim of Bates v. Marine Midland Bank (Appellate Division of the Supreme Court of New York 1998)
- Johannesen v. New York City Department of Housing Preservation & Development (N.Y. 1994)
- Matter of Kowalski v. A Quest Corp. (Appellate Division of the Supreme Court of New York 2026)
- Matter of Patalan v. PAL Envtl. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Brancato v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Gandurski v. Abatech Indus., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Matter of Bodisch v. New York State Police (Appellate Division of the Supreme Court of New York 2021)
- Matter of Renko v. New York State Police (Appellate Division of the Supreme Court of New York 2020)
- Matter of Phelan v. Bethpage State Park, New York State Department of Parks & Recreation (Appellate Division of the Supreme Court of New York 2015)
- Baker v. Weyerhaeuser (Appellate Division of the Supreme Court of New York 2005)
- Claim of the Estate of Cagle v. White Auto Parts (Appellate Division of the Supreme Court of New York 2002)
- Claim of Martin v. Fulton City School District (Appellate Division of the Supreme Court of New York 2002)
- Claim of Leventer v. Yeshiva of Flatbush (Appellate Division of the Supreme Court of New York 1999)
- Claim of Leventer v. Yeshiva of Flatbush (Appellate Division of the Supreme Court of New York 1999)
- Bryant v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Claim of Vernoia v. National Council on Compensation Insurance (Appellate Division of the Supreme Court of New York 1989)
- Claim of Johannesen v. New York City Department of Housing Preservation & Development (Appellate Division of the Supreme Court of New York 1989)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Claimant, a psychiatric social worker, suffered an aggravation of a preexisting eye disorder while in respondent’s employ as a result of exposure to cigarette smoking in a poorly ventilated room. The Workers’ Compensation Board, reversing the decision of the Administrative Law Judge in claimant’s favor, determined that the claimant’s condition was not an "occupational disease” within the meaning of the section 3 (2) of the Workers’ Compensation Law. The Appellate Division affirmed.
It is settled that an "occupational disease”, under the statute as it existed at the time of claimant’s injury and claim, is restricted to medical conditions resulting from the ordinary and generally recognized risks incident to a particular occupation. An "occupational disease” derives from the very nature of the employment, not a specific condition peculiar to the employee’s place of work (see, Matter of Paider v Park E. Movers, 19 NY2d 373, 377; Matter of Goldberg v 954 Marcy Corp., 276 NY 313, 318-319). Because claimant’s injury was caused solely by the environmental conditions of her work place, not by any distinctive feature of the occupation of a psychiatric social worker, the Board had a proper legal basis to deny her claim.
This claim arose prior to the enactment of an amendment to section 2 (15) of the Workers’ Compensation Law which added a definition of "occupational disease” to the statute (L 1984, ch 659). We do not decide what, if any, change in the definition the amendment has effected.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.