Friedman v. NBC Inc.

• Decision Date: 26 December 1991
• Citation: 178 A.D.2d 774,577 N.Y.S.2d 517
• Parties: In the Matter of the Claim of Lauryann FRIEDMAN, Respondent, v. NBC Inc. et al., Appellants. Workers' Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 517

577 N.Y.S.2d 517

178 A.D.2d 774

In the Matter of the Claim of Lauryann FRIEDMAN, Respondent, v. NBC Inc. et al., Appellants Workers' Compensation Board, Respondent.

Supreme Court, Appellate Division Third Department.

Dec. 26, 1991.

Jones & Presti (Joel M. Gluck, of counsel), New York City, for appellants.

Robert Abrams, Atty. Gen. (Howard B. Friedland, of counsel), New York City, for Workers' Compensation Bd., respondent.

Before MAHONEY, P.J., and CASEY, LEVINE, MERCURE and CREW, JJ.

MERCURE, Justice.

Appeals (1) from a decision of the Workers' Compensation Board, filed October 6, 1988, which ruled that claimant's decedent sustained an accidental injury in the course of his employment, and (2) from a decision of said Board, filed April 27, 1989, which, inter alia, determined the amount of the award of workers' compensation benefits.

Decedent, employed by NBC Inc. as manager of film and tape coordination in its engineering department, committed suicide at work on May 14, 1980. Claimant, decedent's widow, made application for workers' compensation death benefits. NBC controverted the claim upon the grounds that decedent had the "willful intention" of causing his death (see, Workers' Compensation Law § 10[1]) and that the death did not arise out of or in the course of decedent's employment. The Workers' Compensation Board found that decedent was subjected to extraordinary stress at work and that this stress was a direct cause of his depressed state, which, in turn, resulted in his suicide. Accordingly, the Board concluded that decedent suffered an accident arising out of and in the course of his employment and that his death was causally related thereto. NBC appeals.

We affirm. Initially, we reject the contention that the claim is barred by Workers' Compensation Law § 10. It is well settled that if a work-related injury causes "insanity", "brain derangement" (Matter of Delinousha v. National Biscuit Co., 248 N.Y. 93, 94, 96, 161 N.E. 431) or "a pattern of mental deterioration" (Matter of Reinstein v. Mendola, 39 A.D.2d 369, 371, 334 N.Y.S.2d 488, aff'd 33 N.Y.2d 589, 347 N.Y.S.2d 455, 301 N.E.2d 438), which in turn causes suicide, death benefits may be awarded under Worker's Compensation Law § 10 (see, Matter of Delinousha v. National Biscuit Co., supra; Matter of McCarville v. Williams, Stevens, McCarville & Frizzell, 84 A.D.2d 639, 444 N.Y.S.2d 495, lv. denied 56 N.Y.2d 502, 450 N.Y.S.2d 1023, 435 N.E.2d 1099; Matter of Gamble v. New York State Narcotics Addict Control Commn., 60 A.D.2d 703, 400 N.Y.S.2d 599; Matter of Avery v. City of Middletown, 40 A.D.2d 568, 334 N.Y.S.2d 708 [dissenting mem], rev'd on dissenting mem below 33 N.Y.2d 771, 350 N.Y.S.2d 412, 305 N.E.2d 492; Matter of Reinstein v. Mendola, supra; 1A Larson, Workmen's Compensation § 36.40; cf., Matter of Vernum v. State Univ. of N.Y., Coll. of Forestry, 4 A.D.2d 722, 163 N.Y.S.2d 727). "The question of whether a causal relationship exists between any particular work activity and an ensuing disability is an issue of fact for resolution by the [B]oard * * * " (Matter of Ottomanelli v. Ottomanelli Bros., 80 A.D.2d 688, 688-689, 436 N.Y.S.2d 442 [citation omitted]. Contrary to NBC's contention, the record does provide substantial evidence for the Board's conclusion that decedent's suicide was the result of a depressive condition which was causally related to stress in his employment.

Although decedent suffered from undiagnosed and untreated depression for 20 years prior to his death, the regularity of decedent's employment permitted him to keep the condition in check. However, the replacement of NBC's top-level management in 1978 brought about substantial changes for decedent. First, decedent was forced to carry a beeper, was subjected to frequent telephone calls at home from NBC president Fred Silverman, and began working many nights and weekends. Then, in April 1980, substantial changes took place in engineering department personnel and systems, and decedent's mid-level supervisor was replaced by an executive vice-president. Finally, on April 15, 1980 decedent was given a new title and new responsibilities, including operation of NBC's video tape library, a chronic problem area which had not functioned properly for decades.

As documented in suicide notes to decedent's wife and supervisor, these changes, particularly the responsibility for the tape library, finally drove...