FAILED TO PROPERLY DOCTOR UP THE CASE?
After C.H. brought a special proceeding, [pursuant to CPLR Article 78], to challenge the denial of World Trade Center accidental death benefits, sought on her deceased husband's behalf, the New York County Supreme found in her favor and annulled the underlying denial.
On appeal, the Appellate Division, First Department, reversed because it didn’t think that C.H. had shown that her husband’s cause of death, “amyotrophic lateral sclerosis (ALS),” a/k/a "Lou Gehrig's Disease," was a “qualifying condition.” Apparently, she failed to show that the toxins to which her husband was allegedly exposed played a role in that diagnosis. (The decedent’s treating physicians’ statements in that regard were found to be “speculative.”)
Interestingly, because of the decedent’s exposure to “heavy metal poisoning,” the AD1 remanded the matter for further proceedings to determine whether that qualified as a “covered” TWC condition.
Looks like they’re about to rock ‘n roll ….
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DECISION