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Matter of Brust v. Bovis Rosenbloom

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 872 (N.Y. App. Div. 1971)

Opinion

April 19, 1971


Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board awarding claimant death benefits on the ground that there is no substantial evidence to support the board's decision that decedent's death from an intracerebral hemorrhage was causally related to and resulted from a work-connected vehicular accident in which he was concededly involved on October 19, 1965. The instant record presents no more than the usual conflict in medical testimony on the issue of causal relationship, and we find no basis to disturb the board's factual resolution of that dispute ( Matter of Palermo v. Gallucci Sons, 5 N.Y.2d 529; Matter of Seymour v. Sokolneck, 34 A.D.2d 1073). "An injury caused by emotional stress and strain without the presence of physical impact to the body may be found to be accidental within the purview of the Workmen's Compensation Law." ( Matter of Seymour v. Sokolneck, supra, p. 1074.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.


Summaries of

Matter of Brust v. Bovis Rosenbloom

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 872 (N.Y. App. Div. 1971)
Case details for

Matter of Brust v. Bovis Rosenbloom

Case Details

Full title:In the Matter of the Claim of ELLEN BRUST, Respondent v. BOVIS ROSENBLOOM…

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

Date published: Apr 19, 1971

Citations

36 A.D.2d 872 (N.Y. App. Div. 1971)

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