Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Artiste v. Kingsbrook Jewish Medical Center
Citations: 221 A.D.2d 81; 645 N.Y.S.2d 593; 1996 N.Y. App. Div. LEXIS 7813
Court: Appellate Division of the Supreme Court of the State of New York; July 18, 1996; New York; State Appellate Court
Claimant, a nurse’s aide, was accidentally stuck in the right hand by a needle used by a registered nurse during an insulin injection on March 30, 1989. Following the incident, she began feeling ill and was diagnosed with HIV in July 1989, later developing AIDS and being deemed permanently totally disabled. On February 8, 1990, she filed a workers' compensation claim linking her illness to the needle injury. Initially, the Workers' Compensation Law Judge (WCLJ) established the claim, which was affirmed by a Workers' Compensation Board panel, confirming that the claimant contracted AIDS due to the needle stick. However, the employer's workers' compensation carrier requested a review, leading the full Board to rescind the initial decision and send it back for further consideration. The Board panel later modified the decision, recognizing that the claimant's condition constituted an occupational disease under Workers’ Compensation Law, which defines an "occupational disease" as one resulting from employment conditions that expose workers to specific hazards. The panel determined that the key issue was whether exposure to HIV is a recognized risk for nurse’s aides. Claimant testified about her duties that included handling patients' personal needs and changing bed linen, during which she had been stuck by needles multiple times prior to the incident. Despite having a former husband who died of AIDS, she asserted no sexual contact with him after 1973 and claimed her subsequent partners were not infected. The registered nurse involved in the incident stated that the patient injected was not known to be HIV positive and noted that it was unusual for nurse’s aides to be stuck by needles, as they typically do not administer medications. A letter from the claimant's employer confirmed that in March or April 1989, no HIV-infected patients were present in the nursing home where the claimant worked. Testimonies from the employer's witnesses revealed that a patient, who received an insulin shot, had been admitted in 1982 with a history of diabetes and other conditions, but there was no indication in the medical records of HIV status or risk. The review concluded that the Board's determination lacked substantial evidence, as contraction of AIDS is not considered an occupational disease under Workers’ Compensation Law for nurse's aides; exposure to HIV through contaminated objects is not a recognized risk of this occupation. Additionally, the claimant's claim that urine can transmit HIV, which the Board accepted, was found to lack scientific backing. Consequently, the Board's decision was reversed, costs were awarded, and the claim was dismissed. The Board had incorrectly identified the legal provision regarding occupational disease, but this issue was deemed unnecessary to address due to the outcome of the appeal.