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New York: Death Benefits Awarded Since Employer Takes Employee as it Finds Him

June 01, 2018 (1 min read)

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded workers’ compensation benefits in connection with a construction worker’s fatal heart attack that occurred during his work shift, in spite of that the deceased employee’s preexisting risk factors — smoking and high, untreated cholesterol were also significant factors in the onset of the fatal attack. The construction worker’s employment need not be the sole cause of death. It was sufficient for workers’ compensation law purposes if the employment was only a contributing factor. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Matter of Pickerd v Paragon Envtl. Constr., Inc., 2018 N.Y. App. Div. LEXIS 3700 (3rd Dept., May 24, 2018)

See generally Larson’s Workers’ Compensation Law, § 9.02.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see



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