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Matter of Falkowski v. Paragon Oil, Division

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 1977
60 A.D.2d 709 (N.Y. App. Div. 1977)

Opinion

December 22, 1977


Appeal from a decision of the Workmen's Compensation Board, filed July 22, 1976, as amended by subsequent decisions, which awarded death benefits. Dr. Jaffe testified that decedent had a coronary disease for a period of time, that on November 18, 1974 decedent suffered an acute coronary insufficiency fibrillation which could be caused by any significant strain, and that the work decedent did during the morning of November 18 was a significant strain. On the basis of this testimony, the board found that the work done by decedent on November 18 precipitated his fatal heart attack. The decision is supported by substantial evidence (see Matter of McCormick v Green Bus Lines, 29 N.Y.2d 246; Matter of Palmer v City of Glens Falls Fire Dept., 54 A.D.2d 789, mot for lv to app den 41 N.Y.2d 801). Decision affirmed, with costs to the Workmen's Compensation Board against the employer and its insurance carrier. Koreman, P.J., Greenblott, Sweeney, Mikoll and Herlihy, JJ., concur.


Summaries of

Matter of Falkowski v. Paragon Oil, Division

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 1977
60 A.D.2d 709 (N.Y. App. Div. 1977)
Case details for

Matter of Falkowski v. Paragon Oil, Division

Case Details

Full title:In the Matter of the Claim of HELEN FALKOWSKI, Respondent, v. PARAGON OIL…

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

Date published: Dec 22, 1977

Citations

60 A.D.2d 709 (N.Y. App. Div. 1977)