In Matter of Mazayoff v A.C.V.L. Cos., Inc. , Yermihue Mazayoff appealed a decision by the Workers' Compensation Board (WCB) denying him benefits for an alleged work related injury.
Mazayoff was employed as a security guard at an apartment complex and parking lot and, when he began to suffer from asthma, contended the "car fumes and extreme temperatures" were responsible for his condition.
When the WCB denied Mazayoff's application for benefits because he didn't establish a "work-related accidental injury or occupational disease," he appealed to the Appellate Division, Third Department.
In order to receive benefits, Mazayoff needed to establish with "medical evidence" the conditions at his job were the result of "unusual environmental conditions or events assignable to something extraordinary."
Two physicians were uncertain whether Mazayoff's asthmatic condition was linked to his work environment and both believed the fumes and and high temperature may have aggravated a pre-existing condition but weren't the cause of his "bronchial asthma." (One doctor concluded that Mazayoff's obesity played a greater role than did the car fumes.)
Since the medical testimony supported the WCB 's determination, the denial of benefits was upheld.
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To download a copy of the Appellate Division's decision, please use this link: Matter of Mazayoff v A.C.V.L. Cos., Inc