He was asked to fix a shed - but first had to wrestle a donkey
A carpenter had a heart attack after wrestling his boss’s runaway donkey - and a New York court says the comp claim stands.
The worker was employed by Moy Construction Corp. He had been asked to work on a shed at the company owner’s home - a shed that housed animals. When he arrived, the owner’s spouse - also the company’s vice president - asked him to help get a loose donkey back inside.
They forced it in. Then the donkey tried to break out again.
The worker grabbed the animal to keep it contained. He later testified that he “overexaggerated” and “over accelerated” himself in the effort. After the donkey was secured, he unloaded his tools and started work - but quickly developed chest pains, lightheadedness and vomiting. He drove home, and his son brought him to hospital, where doctors confirmed a heart attack.
He filed a workers’ compensation claim. The employer’s carrier contested it.
Here is where the carrier’s problems compounded. Under New York’s Workers’ Compensation Law, a carrier must file a notice of controversy within 25 days of being notified that a claim has been indexed. Moy Construction’s carrier missed that deadline - barring it from pleading that there was no employer-employee relationship, no accident, or no injury arising from the employment.
A Workers’ Compensation Law Judge initially disallowed the claim, finding the worker had not produced emergency room records. He appealed to the Workers’ Compensation Board, pointing out the records were already in the file.
The Board found a causal relationship between the heart attack and the employment and established the claim. The carrier appealed.
The Third Department affirmed on October 8, 2026. Because the carrier filed late, the Board was required to assess the worker’s evidence “without regard to the carrier’s proof,” and the carrier was barred from disputing causation. The worker’s emergency room records noted chest tightness “while exerting himself at work,” and his treating physician linked the heart attack to overexertion with the donkey. The court found that constituted sufficient, unrebutted and credible medical evidence.
The carrier also argued the worker was not covered under its policy. The court found that contention was not properly before it - the argument had never been raised below.
Odd tasks, real consequences: when the boss asks a carpenter to wrangle a donkey, the resulting injury can still arise “in the course of employment” - and a missed filing deadline can cost the carrier every defense it had.
