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The widow is not entitled to benefits for death 12 years after the injury



The widow of a correctional officer failed to show that a workplace injury 12 years earlier was causally related to his heart failure and subsequent death.

In Matter of Turner v New York State Department of Corrections and Community Supervision New York Supreme Court Appellate Division, Third Chamber of Albany, New York on Thursday unanimously upheld the decision of the New York Workers' Compensation Board , who denied death benefits to the widow.

Holly Turner filed a claim for compensation to employee death benefits after her husband's death in 2016, a former correctional officer. The official most recently worked for the New York State Department of Corrections and Community Supervision in 2004 and was classified as permanently disabled in 2007.

She claimed that his disability from workplace injury and related sedentary lifestyle and weight gain contributed. to his death.

A workers' compensation judge denied the allegation, arguing that Ms. Turner provided insufficient evidence to show that his injury was temporarily related to his death 1

2 years earlier. The New York Workers' Compensation Board approved the decision.

She appealed, but the appeal confirmed the board's decision. Although Turner relied on a statement from her husband's doctor that it was "more likely than not" that her husband's pain and interrupted sleep were temporarily related to his previous work injuries, the doctor acknowledged in her dismissal that the former official had a history of smoking and chronic high blood pressure and had not followed his treatment regimen.

The court found that the officer's death occurred years after is employment – with hypertensive heart disease listed as the cause of death – and held that the physician's opinion was insufficient. to support a conclusion that his workplace injury was causally related to his death.

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