Super Bowl Stress Qualifies for Workers’ Compensation Death Benefits

The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum’s, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012). Claimant applied for workers’ compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and excitement resulting from the responsibility of running the entire store on Super Bowl Sunday, an historically busy day at the store. Also, several hours earlier decedent was involved in an altercation with an irate customer. The Appellate Division upheld the … Read the rest

Mystery Surrounds How One Window Washer But Not Other Survived 47 Floor Plunge From Scaffolding Previously Cited for 10 Violations

The scaffolding that broke last Friday (12/7/07), causing a pair of brother window washers to plunge 47 stories (550 feet) on Manhattan’s upper East Side, had been cited for 10 violations in June, including four that were repeat violations, state records show. Inspection records from the New York State Labor Department show that the scaffolding had been inspected twice in the past two years – and 10 violations were issued, but they were not severe enough to warrant a stop-work order.

Why one brother died and the other survived is a mystery. Speculation is that while they tried to ride … Read the rest