Opinion
October 31, 1967
Appeal by employer and its insurance carrier from a decision of the Workmen's Compensation Board finding death was due to accidental injury arising out of and during the course of employment. Decedent was a Referee employed by the Workmen's Compensation Board to hear and determine compensation claims. On Monday morning, May 17, 1965, decedent lifted a number of file folders, representing all the cases to be heard by him that day, from a cart to the desk. These were usually sorted and placed by the clerk. The clerk estimated their weight to be 40 to 50 pounds and she testified that decedent complained about the heavy weight of the folders and rubbed his chest. He appeared tired and irritable thereafter and remained so for the remainder of the week. An attorney, who practices before the board, took decedent home that night and several other nights later in the week. He testified that decedent told him he thought he pulled a muscle in his chest lifting the folders. He also stated that decedent did not look well the rest of the week and stated to the attorney that he did not feel well. Claimant-widow testified that decedent related the lifting of a big bundle to her and that he felt a sharp pain. She indicated that he complained the rest of the week. Early on the morning of May 22, 1965, claimant called Dr. Primavera because her husband was ill. Within minutes after the doctor's arrival decedent passed away. Dr. Primavera testified that the lifting episode was causally related to decedent's death as did Dr. Cutler, a specialist in cardiology. Two experts for the carrier testified to the opinion that there was no connection between the lifting incident and the subsequent death. The board found that this act of lifting "was sufficiently strenuous to require more than normal exertion and such effort precipitated a coronary insult which developed into a myocardial infarction" from which decedent succumbed. Appellants contend there is no substantial evidence of accidental injury causing death. We do not agree. There is at most a question of fact concerning the accident and its connection with the death and there is substantial evidence in this record, lay and expert, to support the board's determination. Further, there is no basis in the record for the contention by appellants that decedent suffered symptoms prior to May 17, 1965 and upon which assumption part of their medical evidence was based. Decision affirmed, with one bill of costs to respondents filing briefs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Aulisi, J.