James P. Renner v. At&t (068744)
218 N.J. 435
| N.J. | 2014Background
- Cathleen Renner died of a pulmonary embolism while working from a home office for AT&T.
- Renner filed a dependency claim under N.J.S.A. 34:15-7.2 for a cardiovascular death.
- The Division and Appellate Division initially awarded/affirmed benefits under the 7.2 standard.
- The Court granted certification to review the proper standard under 7.2.
- Evidence included expert testimony: Dr. Waller linked sedentary work to DVT/PE; Dr. Kritzberg emphasized non-work risk factors.
- Court reverses, holding no compensable cardiovascular claim under 7.2 on these facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether death resulted from a work effort or strain under 7.2 | Renner argues 7.2 requires work effort causing death; prolonged sitting at work contributed to PE. | AT&T contends no work-related substantial condition; risk factors and inactivity outside work dilute causation. | No; failure to show work effort caused death under 7.2. |
| Whether extended sitting at work constitutes a substantial work-related condition | Sitting during work hours caused hemodynamic stasis leading to PE. | Sitting was not a work-imposed substantial condition beyond daily living. | Not a work-related substantial condition; not compensable. |
| Whether the medical evidence supports work-related causation under 7.2 | Waller’s probability-based link between sedentary work and PE supports causation. | Kritzberg’s factors show non-work factors predominated; causation not established. | Court found insufficient to meet 7.2 standard. |
Key Cases Cited
- Hellwig v. J.F. Rast & Co., 110 N.J. 37 (1988) (established the excess-of-wear-and-tear standard under 7.2)
- Ciuba v. Irvington Varnish & Insulator Co., 27 N.J. 127 (1958) (reaffirmed presumption but required claimant show work exposure increased risk)
- Seiken v. Todd Dry Dock, Inc., 2 N.J. 469 (1949) (pre-7.2 history of strict vs. flexible causation standards)
- Dwyer v. Ford Motor Co., 36 N.J. 487 (1962) (held claimant must prove work effort contributed in material degree to injury/death)
- Fiore v. Consol. Freightways, 140 N.J. 452 (1995) (amended 7.2 to require substantial effort beyond daily living and material causation)