New Changes in the Law

Matter of Hartigan v Albany County Sheriff’s Dept., 2016 NY Slip Op 04280 (2016 NY App. Div. 3d Dept. 6/2/16) Summary:  An Albany County deputy sheriff had a heart attack while on duty.  The WCB ruled this event to be a work-related injury based in large part on testimony of the employee’s cardiologist, who said that it was possibly related to the claimant’s job duties.  The appellate court reversed the decision and sent it back to the WCB.  The court’s decision stated that the cardiologist’s testimony only cited the possibility – not the probability – that the myocardial infarction was caused by the deputy’s on-the-job activities, and that this fell short of the burden-of-proof standard incumbent upon the claimant. Comment:  This is a good reminder of the required standard of proof regarding work-related […]