64 N.Y.2d at 259 Determining causation for injury from accident26 citing cases“the causation rule in tort law . . . is that an accident which produces injury by precipitating the development of a latent condition or by aggravating a preexisting condition is a cause of that injury.”
- Conti v. Doe, No. 1:17-cv-09268 (S.D.N.Y. Oct. 21, 2020).(The causation rule [] in tort law . . . is that an accident which produces injury by precipitating the development of a latent condition or by aggravating a preexisting condition is a cause of that injury.)
- Great N. Ins. Co. v. Laboz, No. 1:20-cv-09168 (S.D.N.Y. Apr. 17, 2024).However, in advancing this argument once again, Alba still fails to grapple with the fundamental precept that “[t]he causation rule in tort law . . . is that an accident which produces injury by precipitating the development of a latent co…
- Matter of Francisco v. Shea, 224 A.D.3d 571 (N.Y. App. Div. 1st Dep't 2024).published However, the Medical Board failed to address whether petitioner's World Trade Center experience exacerbated or aggravated his underlying psychological condition, in that the record indicates that numerous medical personnel over the years s…
- Lemieux v. Horn, 209 A.D.3d 1100 (N.Y. App. Div. 3d Dep't 2022).publishedHowever, every first-year law student is aware of the eggshell plaintiff axiom, namely that the defendant must take the plaintiff as he or she finds him, i.e., the plaintiff [*5]may recover to the extent that the accident aggravated his or…
- Matter of Fragola v. DiNapoli, 200 A.D.3d 1536 (N.Y. App. Div. 3d Dep't 2021).published II , 20 NY3d at 283-284 , 284 n 4; Matter of Tobin v Steisel , 64 NY2d at 259-260; Matter of Scannella v New York State Comptroller , 119 AD3d 1048, 1049 [2014]), we cannot agree that the Retirement System set forth affirmative, competent…
- Matter of Caminero v. Metro. Transp. Auth., 2019 NY Slip Op 392 (N.Y. App. Div. 1st Dep't 2019).publishedTo the extent the 2000 or 2002 incidents aggravated petitioner's preexisting condition, they may still have proximately caused her current disability ( see Matter of Tobin v Steisel , 64 NY2d 254, 259 [1985]; Matter of King v DiNapoli , 75…
- Boyer v. New York City Employees' Ret. Sys., 41 Misc. 3d 987 (N.Y. Sup. Ct. 2013).publishedThis is antithetical to the Court of Appeals proclamation that a “petitioner carrie [s] no burden to offer any evidence of causation” {id. at 284 [emphasis added]). 3 Additionally, the Medical Board’s opinion lacks any explanation as to ho…
- Matter of Lahm v. Bloomberg, 2004 NY Slip Op 24217 (N.Y. Sup. Ct., New York Cty. 2004).published In an unanimous decision for the Court of Appeals in Matter of Tobin v Steisel ( 64 NY2d 254, 259 [1985]), Judge Meyer wrote: "The causation rule both in tort law and under the workers' compensation statute is that an accident which produc…
- Lahm v. Bloomberg, 4 Misc. 3d 530 (N.Y. Sup. Ct. 2004).published In an unanimous decision for the Court of Appeals in Matter of Tobin v Steisel ( 64 NY2d 254, 259 [1985]), Judge Meyer wrote: “The causation rule both in tort law and under the workers’ compensation statute is that an accident which produc…
- Boodram v. Brooklyn Developmental Ctr., 2 Misc. 3d 574 (N.Y. City Civ. Ct. 2003).publishedCo., 290 AD2d 434, 435 [2d Dept 2002].) “The causation rule both in tort law and under the workers’ compensation statute is that an accident which produces injury by precipitating the development of a latent condition or by aggravating a p…
Show 12 more citing cases
- Occhipinti v. McCall, 305 A.D.2d 924 (N.Y. App. Div. 3d Dep't 2003).publishedIn this case, however, both medical experts agreed that petitioner’s present disability was causally related to his prior injuries, with petitioner’s expert attributing the disability entirely to the February 1994 work-related injury and t…
- Riddick v. Bd. of Trs., 304 A.D.2d 377 (N.Y. App. Div. 1st Dep't 2003).publishedThe determination by the Medical Board, properly relied upon by respondent Board of Trustees (see Matter of Tobin v Steisel, 64 NY2d 254, 259 [1985]), that petitioner’s disability was the result of a preexisting degenerative condition, nam…
- Sorrenti v. New York City Fire Dep't, 228 A.D.2d 509 (N.Y. App. Div. 2d Dep't 1996).publishedA service-related accident is considered the natural and proximate cause of the petitioner’s disability if the accident either precipitated the development of a latent condition or aggravated a preexisting condition (see, Matter of Tobin v…
- Hipple v. Ward, 146 A.D.2d 201 (N.Y. App. Div. 1st Dep't 1989).published(See, Matter of Tobin v Steisel, 64 NY2d 254, 259 [1985]; Matter of Scotto v Board of Trustees, 76 AD2d 774 , 776 [1st Dept 1980], affd 54 NY2d 918 [1981]; Matter of Christian v New York City Employees’ Retirement Sys., supra, 83 AD2d, at…
- Archer v. Ward, 133 Misc. 2d 909 (N.Y. Sup. Ct. 1986).published(Matter of Tobin v Steisel, 64 NY2d 254, 259 [1985].) Here, that is just what the Board of Trustees did; it relied on the judgment of the Medical Board.
- Scannella v. New York State Comptroller, 119 A.D.3d 1048 (N.Y. App. Div. 3d Dep't 2014).published This Court has repeatedly held that “ ‘when a preexisting dormant disease is aggravated by an accident, thereby causing a disability that did not previously exist, the accident is responsible for the ensuing disability’ ” (Matter of Britt…
- Andrus v. DiNapoli, 114 A.D.3d 1078 (N.Y. App. Div. 3d Dep't 2014).published It is axiomatic, however, that “ ‘when a preexisting dormant disease is aggravated by an accident, thereby causing a disability that did not previously exist, the accident is responsible for the ensuing disability’ ” (Matter of Covelli v D…
- Covelli v. DiNapoli, 104 A.D.3d 1002 (N.Y. App. Div. 3d Dep't 2013).published However, pursuant to established legal principles, “when a preexisting dormant disease is aggravated by an accident, thereby causing a disability that did not previously exist, the accident is responsible for the ensuing disability” (Matte…
- Britt v. DiNapoli, 91 A.D.3d 1102 (N.Y. App. Div. 3d Dep't 2012).publishedHe characterized petitioner’s work incidents as “temporary aggravations of a chronic underlying pre-existing condition.” This medical opinion is at odds with the legal precept that “when a preexisting dormant disease is aggravated by an ac…
- King v. DiNapoli, 75 A.D.3d 793 (N.Y. App. Div. 3d Dep't 2010).publishedIt is established law that “when a preexisting dormant disease is aggravated by an accident, thereby causing a disability that did not previously exist, the accident is responsible for the ensuing disability” (Matter of Sanchez v New York…
- Frangiadakis v. 51 W. 81st St. Corp., 2018 NY Slip Op 3331 (N.Y. App. Div. 1st Dep't 2018).publishedThe affirmation of plaintiffs' expert, which stated that to a reasonable degree of medical certainty the decedent's injury led to his death, was sufficient, for the purposes of CPLR 3025(b), to establish a causal connection between the dec…
- Meyer v. McGuire, 480 N.E.2d 344 (N.Y. 1985).published
64 N.Y.2d at 258 Evaluating medical evidence regarding causation and disability12 citing casesPrior to consideration of petitioner’s application by the Medical Board, one of the doctors he had seen referred him to a psychiatrist, Dr. Remo Cerulli, who…
- Beadell v. Eros Mgt. Reality, LLC, 229 A.D.3d 43 (N.Y. App. Div. 1st Dep't 2024).publishedSuch evidence includes proof of a party's psychological condition prior to the alleged negligence, regardless of whether it was known to the defendant ( see Matter of Tobin v Steisel , 64 NY2d 254, 258-259 [1985]; Matter of Makowski v New…
- Matter of Russell v. New York City Fire Pension Fund, 192 A.D.3d 442 (N.Y. App. Div. 1st Dep't 2021).published As the Medical Board found, there was no objective evidence to support that theory of causation, which was based solely upon petitioner's subjective claims ( see Matter of Tobin v Steisel , 64 NY2d 254, 258-259 [1985]).
- Drummond v. New York City Employees' Ret. Sys., 98 A.D.3d 1116 (N.Y. App. Div. 2d Dep't 2012).published Although the medical conclusions of some of the petitioner’s treating physicians differed from those of the Medical Board, the resolution of such conflicts is solely within the province of the Medical Board (see Matter of Borenstein v New…
- Zamelsky v. New York City Employees' Ret. Sys., 55 A.D.3d 844 (N.Y. App. Div. 2d Dep't 2008).publishedAlthough the medical conclusions of some of the petitioner’s treating physicians differed from those of the Medical Board, the resolution of such conflicts is solely within the province of the Medical Board (see Matter of Borenstein v New…
- Suppan v. New York City Employees' Ret. Sys., 37 A.D.3d 474 (N.Y. App. Div. 2d Dep't 2007).publishedHere, although the medical conclusions of the petitioner’s treating physicians differed somewhat from those of the Medical Board, the resolution of such conflicts is within the sole province of the Medical Board (see Matter of Borenstein v…
- Ramsey v. City of New York, 8 A.D.3d 392 (N.Y. App. Div. 2d Dep't 2004).publishedHere, although the medical conclusions of the petitioner’s treating physicians differed from those of the Medical Board, the resolution of such conflicts is within the sole province of the Medical Board (see Matter of Borenstein v New York…
- Ackalitis v. Murphy, 5 A.D.3d 381 (N.Y. App. Div. 2d Dep't 2004).publishedAlthough the medical conclusions of the petitioner’s treating physicians differed from those of the Medical Board, the resolution of such conflicts is within the sole province of the Medical Board (see Matter of Borenstein v New York City…
- Drew v. New York City Employees' Ret. Sys., 305 A.D.2d 408 (N.Y. App. Div. 2d Dep't 2003).publishedAlthough the medical conclusions of the petitioner’s treating physicians differed from those of the Medical Board, the resolution of such conflicts is the sole province of the Medical Board (see Matter of Borenstein v New York City Employe…
- Reid v. Kelly, 235 A.D.2d 361 (N.Y. App. Div. 1st Dep't 1997).publishedThe record does not support petitioner’s claim that the Medical Board gave insufficient consideration to the MRI tests on which his experts chiefly rely, it being the expressed opinion of the Medical Board that the tests in this instance a…
- Borenstein v. New York City Employees' Ret. Sys., 673 N.E.2d 899 (N.Y. 1996).publishedThe Board alone had the authority to resolve such conflicts (see, Matter of Tobin v Steisel, supra, at 258-259; Matter of Cassidy v Ward, 169 AD2d 482, 483 ).
64 N.Y.2d at 257 Causation and aggravation of pre-existing conditions in disability claims4 citing cases
- Matter of Fragola v. DiNapoli, 200 A.D.3d 1536 (N.Y. App. Div. 3d Dep't 2021).published II , 20 NY3d at 283-284 , 284 n 4; Matter of Tobin v Steisel , 64 NY2d at 259-260; Matter of Scannella v New York State Comptroller , 119 AD3d 1048, 1049 [2014]), we cannot agree that the Retirement System set forth affirmative, competent…
- Bitchatchi v. Bd. of Trs. of New York City Police Dep't Pension Fund, 982 N.E.2d 600 (N.Y. 2012).publishedAccordingly, the Board asserts that the burden of proof remained with petitioner to demonstrate that his exposure aggravated or exacerbated the preexisting cancer (see Matter of Tobin v Steisel, 64 NY2d 254, 257 [1985]).
- Collins v. Kelly, 37 Misc. 3d 377 (N.Y. Sup. Ct. 2011).published(Velez v Kelly, 84 AD3d at 694.) While exacerbation of a prior condition provides a basis for disability (Matter of Tobin v Steisel, 64 NY2d 254, 257 [1985]; Bitchatchi v Board of Trustees of the N.Y.
- Meyer v. Bd. of Trs., 681 N.E.2d 382 (N.Y. 1997).publishedSecond, although factors such as the pension fund member’s failure to return to full duty following a service-related injury and the absence of a prior medical history of the disabling condition may be relevant to the issue of causation, t…
Other citing cases
- Matter of Jones v. New York City Employees' Ret. Sys., 250 A.D.3d 828 (N.Y. App. Div. 2d Dep't 2026).published
- Matter of Rosa v. New York City Employees' Ret. Sys., 227 A.D.3d 810 (N.Y. App. Div. 2d Dep't 2024).published
- Stewart v. New York State & Local Employees' Ret. Sys., 27 A.D.3d 975 (N.Y. App. Div. 3d Dep't 2006).published
- Williams v. Bright, 230 A.D.2d 548 (N.Y. App. Div. 1st Dep't 1997).published
v.
Norman Steisel, as Commissioner of the Department of Sanitation of the City of New York
OPINION OF THE COURT
Meyer, J.An accident which precipitates the development of a latent condition or aggravates a preexisting condition is a cause of disability within the meaning of Administrative Code of the City of New York § B3-40.0. Because in denying petitioner an accident disability pension the Board of Trustees appears to have applied an incorrect standard of causation, the matter must be sent back to it for reconsideration in accordance with this opinion.
Petitioner was employed as a “stationary fireman” with the New York City Department of Sanitation and tended an incinerator unit in which garbage was burned. On March 16, 1981, while petitioner was working between two incinerators, there was an explosion in one, the concussion from which caused him to strike the right side of his head against a wall. He was treated at a hospital that day for headache, dizziness and ringing in his ears and remained on sick leave thereafter.
Between March 24 and June 30, 1981, petitioner was examined by eight separate doctors, including neurologists and otolaryngologists, some of whom saw him on more than one occasion. All of these doctors found that petitioner had hearing loss, tinnitus, dizziness and headaches that were related to acoustic trauma and postconcussion syndrome resulting from his accident. Petitioner had no history of these problems prior to the incinerator explosion. In his application for accident disability retirement dated June 19, 1981, petitioner described the result of his accident as “concussion, loss of hearing, dizziness.”
[*258] Prior to consideration of petitioner’s application by the Medical Board, one of the doctors he had seen referred him to a psychiatrist, Dr. Remo Cerulli, who examined petitioner in October and continued treatment thereafter. Dr. Cerulli’s opinion was that petitioner was suffering from mental illness, described as “traumatic neurosis with depression”, which was “causally related to the accident”, and that petitioner was “totally and permanently disabled on psychiatric cause.” Thereafter, petitioner was examined by two members of the Medical Board, who recognized that petitioner was physically and ps)rchologically well until the accident, but could find no objective evidence that petitioner’s symptoms were the product of physical injury. In light of Dr. Cerulli’s diagnosis, however, the Board members decided to refer petitioner to their psychiatric consultant, Dr. Walter Flegenheimer.
Dr. Flegenheimer reported to the Board that while it was difficult to make a definitive diagnosis, petitioner was not consciously malingering and was “obviously disabled.” Regarding the cause of the disability, Dr. Flegenheimer stated that, “While the symptoms are temporally related to the accident, the accident itself was not sufficient to explain the origins of the symptoms, i.e., in my opinion, the accident was at most a precipitating event, not a causal one.”
Based on Dr. Flegenheimer’s report, the Medical Board concluded that petitioner was not entitled to accident disability benefits, but indicated that an application for ordinary disability retirement should be approved with a diagnosis of “chronic anxiety neurosis.” After the Board of Trustees of the Retirement System approved the Medical Board’s determination, petitioner was given an ordinary disability retirement. He then commenced this proceeding to challenge the denial of his application for accident disability benefits, arguing that he was both physically and psychologically disabled as a result of the incinerator explosion. Petitioner’s claim was rejected both by Special Term and the majority of the Appellate Division. The appeal is before us as of right (CPLR 5601 [a]), the dissent at the Appellate Division having rejected Dr. Flegenheimer’s precipitating-causal distinction as “an exercise in semantics” (98 AD2d, at p 674) and an improper test of causal relationship.
Petitioner’s contention that in considering his accident disability retirement claim the Medical Board gave insufficient consideration to physicians’ reports indicating that his physical, symptoms were caused by the incinerator explosion cannot be sustained. The record indicates that the Board examined all of[*259] those reports but chose to rely on the examination conducted by two of its own members, who concluded that there was no objective evidence of a causal relationship between the explosion and those symptoms. The Board of Trustees was entitled to rely on the Medical Board’s opinion. Its decision to reject petitioner’s claim, insofar as it involved a purely physical disability, was, therefore, neither arbitrary nor unsupported by substantial evidence (Matter of Christian v New York City Employees’ Retirement System, 56 NY2d 841; Matter of Scotto v Board of Trustees, 76 AD2d 774, affd 54 NY2d 918).
As to petitioner’s claim of psychological disability resulting from the accident, however, the situation is different. Although agreeing that petitioner is psychologically disabled, the Medical Board concluded that he was not entitled to accident disability retirement because the disability was not caused by the accident. That conclusion was based on the somewhat confusing report of its psychiatric consultant, which, as above noted, stated that “[w]hile the symptoms are temporally related to the accident * * * in my opinion, the accident was at most a precipitating event, not a causal one.” Inasmuch as it is well-established law that an accident which precipitates an injury may be a proximate cause of that injury, and the governing statute requires only that petitioner’s disability be “a natural and proximate result of an accidental injury” (Administrative Code § B3-40.0), the aforementioned report seems contradictory in law.
The causation rule both in tort law and under the workers’ compensation statute is that an accident which produces injury by precipitating the development of a latent condition or by aggravating a preexisting condition is a cause of that injury (Matter of Benware v Benware Creamery, 16 NY2d 966; McCahill v New York Transp. Co., 201 NY 221; Bartolone v Jeckovich, 103 AD2d 632; Matter of Nizich v Robert F. Barreca, Inc., 86 AD2d 917; Matter of Lopez v Hercules Corrugated Box Corp., 50 AD2d 1048; Steinhauser v Hertz Corp., 421 F2d 1169; see, Matter of Wolfe v Sibley, Lindsay & Curr Co., 36 NY2d 505; Fuller v Preis, 35 NY2d 425; Prosser, Torts § 43, p 250 [4th ed]; 1B Larson, Workmen’s Compensation Law §§ 42.22, 42.23[c], pp 7-612 — 7-614, and n 75, 7-640 — 7-642). Moreover, although there is no accident disability retirement case squarely applying that rule, it has been assumed in a number of disability cases that evidence establishing that an accident exacerbated an underlying condition, thereby rendering the employee disabled, would be sufficient, if accepted (Matter of Christian v New York [*260] City Employees’ Retirement System, 83 AD2d 507, affd 56 NY2d 841, supra; Matter of Nicotera v Regan, 78 AD2d 932; Matter of Goddeau v Levitt, 56 AD2d 681; Matter of Kelly v Board of Trustees, 47 AD2d 892).
It appears, therefore, that an incorrect standard of causation was used by the Board of Trustees in denying petitioner’s application for accident disability retirement on the basis of his psychological condition. Accordingly, the order of the Appellate Division should be reversed, with costs, and the matter remitted to Special Term with directions to vacate the determination that petitioner is not entitled to accident disability retirement and remand the matter to respondent Board of Trustees for reconsideration in accordance with this opinion.
Chief Judge Wachtler and Judges Jasen, Simons, Kaye and Alexander concur.
Order reversed, with costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein.