Legal Opinion

Sheerer v. City of Tonawanda

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 2009PublishedCited by 9 opinions

1Opinion of the CourtRefers, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 2, 2008, which discharged the Special Disability Fund from liability.

Claimant’s husband (hereinafter decedent) worked as a laborer and driver for the employer. As the result of undiagnosed arteriosclerotic cardiovascular disease, decedent went into cardiac arrest while collecting garbage and died. Claimant’s ensuing workers’ compensation claim was established by the Workers’ Compensation Board. The self-insured employer and its third-party administrator (hereinafter collectively referred to as the employer) then sought…

2Cases cited4 opinions

  1. Sturtevant v. Broome CountyAppellate Division of the Supreme Court of the State of New York · 1992
  2. Claim of De Dominic v. Joseph Schlitz Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1968
  3. Claim of Flynn v. Managed Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Claim of Freer v. New Process GearAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by9 opinions

  1. Claim of Grabinsky v. First At Nursing ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Zeppieri v. Hofstra UniversityAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Szadek v. Wilson GreatbatchAppellate Division of the Supreme Court of the State of New York · 2016
  4. Claim of Beck v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Claim of Beck v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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