From Casetext: Smarter Legal Research

Matter of Bernsley v. Telemarine Comm

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1972
40 A.D.2d 745 (N.Y. App. Div. 1972)

Opinion

October 26, 1972


Appeal from a decision of the Workmen's Compensation Board, filed August 18, 1971, which allowed a claim for death benefits. The decedent was the principal in the appellant corporation and also in 140-142 West Broadway Corporation, appellant corporation's landlord. He became involved in a prolonged period of discussion and negotiation with the city over a vault tax assessed against 140-142 West Broadway Corporation and paid by appellant. During an emotional discussion of the tax problem with his brother, he died from cardiac failure. There is substantial evidence to support the board's finding that the problems over the vault tax arose out of and during the course of decedent's employment with appellant and that the emotional strain and anxiety from dealing with the tax problems caused decedent's death. ( Matter of Klimas v. Trans Caribbean Airways, 10 N.Y.2d 209; Matter of Quill v. Transport Workers Union, 35 A.D.2d 860, mot. for lv. to app. den. 28 N.Y.2d 482.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Greenblott, Sweeney, Simons and Reynolds, JJ., concur.


Summaries of

Matter of Bernsley v. Telemarine Comm

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1972
40 A.D.2d 745 (N.Y. App. Div. 1972)
Case details for

Matter of Bernsley v. Telemarine Comm

Case Details

Full title:In the Matter of the Claim of DOROTHY BERNSLEY, Respondent, v. TELEMARINE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 26, 1972

Citations

40 A.D.2d 745 (N.Y. App. Div. 1972)