Autopsy helps N.Y. employer overcome presumption in death case

Under New York law, an employer may overcome the presumption of compensability by providing substantial evidence that an unwitnessed or unexplained death did not occur during the course of employment.

Case name: Ruper v. Transport Systems of Western New York, No. 504871 (N.Y. App.Div. 01/08/09).

Ruling: The New York Supreme Court, Appellate Division ruled that a transportation company rebutted the presumption that a tractor-trailer driver's unwitnessed death due to cardiac arrest was causally related to his work.

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What it means: Under New York law, a presumption of compensability arises where an unwitnessed or unexplained death occurs during the course of employment. The employer may overcome the presumption by providing substantial evidence to the contrary.

Summary: A truck driver arrived for work at approximately 11:30 a.m. After he was missing for a period of time, a search ensued. At approximately 4:45 p.m., his body was found slumped against a flatbed trailer in the employer's parking lot. His widow filed a claim for benefits. Under New York law, a presumption of compensability arises where an unwitnessed or unexplained death occurs during the course of employment. The employer may overcome the presumption by providing substantial evidence to the contrary. The Appellate Division ruled the employer met this burden.

The court noted that the employer presented the driver's death certificate and the results of an autopsy, both of which attributed his death solely to arteriosclerotic coronary artery disease. The employer also submitted the testimony of a cardiologist, who reviewed the decedent's medical records and concluded that his death was due to a preexisting heart condition, not work. This was substantial evidence rebutting the presumption of compensability under New York law.

March 26, 2009

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