Gamble v. New York State Narcotics Addict Control Commission

Decision Date22 December 1977
Citation60 A.D.2d 703,400 N.Y.S.2d 599
PartiesClaim of Leslie GAMBLE, Respondent, v. NEW YORK STATE NARCOTICS ADDICT CONTROL COMMISSION et al., Appellants, Workmen's Compensation Board, Respondent.
CourtNew York Supreme Court — Appellate Division

Peter M. Pryor, New York City (Thomas J. Spargo, Albany, of counsel), for appellants.

Brown, Maloney, Roach & Busteed, Buffalo, for respondent Gamble. (No appearance on the appeal.)

Louis J. Lefkowitz, Atty. Gen. (Daniel Dolansky and Henriette Frieder, Asst. Attys. Gen., of counsel), for respondent Workmen's Compensation Bd.

Before KOREMAN, P. J., and GREENBLOTT, SWEENEY, MIKOLL and HERLIHY, JJ.

MEMORANDUM DECISION.

Appeal from a decision of the Workmen's Compensation Board, filed March 19, 1976, which found that decedent's death on January 16, 1973 was causally related to his employment.

The board found: (O)n the basis of the probative medical and credible lay evidence that the claimant sustained a psychic trauma resulting from his job change and that such psychosis and mental derangement caused the suicide thereby constituting an accidental injury within the meaning of the law. The job change precipitated the outbreak of anxiety and bizarre thinking which resulted ultimately in the development of psychosis and thereafter hospitalization psychiatrically.

There is substantial evidence to sustain the determination of the board.

Decision affirmed, with costs to the Workmen's Compensation Board against the employer and its insurance carrier.

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9 cases
  • King v. Board of Educ. of Prince George's County
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1997
    ...disabling mental disorder; court held that disorder constituted compensable personal injury); Gamble v. New York State Narcotics Addict Control Commission, 60 A.D.2d 703, 400 N.Y.S.2d 599 (1977) (in one paragraph opinion, court held that there was substantial evidence to support board's det......
  • Pedroza v. Brb
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 1, 2009
    ...evaluation, job transfer, demotion or termination taken in good faith by the employer." See Gamble v. New York State Narcotics Control Comm'n, 60 A.D.2d 703, 400 N.Y.S.2d 599 (N.Y.App.Div.1977). In Oregon, the legislature in 1998 added a provision that barred compensation for mental disorde......
  • Murphy v. Industrial Com'n of Arizona, CV-88-0239-PR
    • United States
    • Arizona Supreme Court
    • May 2, 1989
    ...difference. Other courts have held that job changes can cause stress that is work-related. See Gamble v. New York State Narcotics Addict Control Comm'n, 60 A.D.2d 703, 400 N.Y.S.2d 599 (1977) (awarding compensation for a mental breakdown and suicide caused by a job change); State Accident I......
  • Pedroza v. Brb
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 20, 2010
    ...evaluation, job transfer, demotion or termination taken in good faith by the employer.” See Gamble v. New York State Narcotics Control Comm'n, 60 A.D.2d 703, 400 N.Y.S.2d 599 (N.Y.App.Div.1977). In Oregon, the legislature in 1998 added a provision that barred compensation for mental disorde......
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