MATTER OF SALTERS v. TOWN OF WOODSTOCK

CARDONA, P.J.

Claimant's husband (hereinafter decedent), who was employed by the Town of Woodstock as its Chief of Police, sustained an intracerebral hemorrhage in April 1992 during an executive session of the Town Board which had been called to discuss police personnel matters. Decedent died some 20 months later after suffering a myocardial infarction and acute respiratory failure. Decedent's physician testified that work stress precipitated the intracerebral hemorrhage which hastened decedent's death. The employer's expert, on the other hand, concluded that the stress of decedent's job did not cause the intracerebral hemorrhage. Similarly, the impartial specialist appointed by the Workers' Compensation Board opined that, while there are many possible causes of intracerebral hemorrhage, the assumption that work stress was a cause in decedent's case was not supported by the scientific evidence. The Board found that there was no causal relationship between decedent's intracerebral hemorrhage and his employment and, therefore, denied claimant's claim for workers' compensation death benefits. Claimant appeals.

The reports and testimony of the employer's expert and the impartial specialist that decedent's intracerebral hemorrhage was not caused by work stress, which the Board obviously credited, were sufficient to rebut any presumption arising under Workers' Compensation Law § 21 and provide substantial evidence to support the Board's finding of no causal relationship (compare, Matter of Panagiotatos v. Eastman Kodak Co., 222 A.D.2d 877; Matter of Tangredi v. GAF Constr. Corp., 125 A.D.2d 811, with Matter of Daly v. Opportunities for Broome, 39 N.Y.2d 862). The decision is, therefore, affirmed.

MERCURE, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

ORDERED that the decision is affirmed, without costs.