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Matter of Matchesky v. Kenney Farms, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 757 (N.Y. App. Div. 1967)

Opinion

June 19, 1967


Appeal by the employer and its carrier from a decision of the Workmen's Compensation Board affirming awards and death benefits, contending there was no accidental injury and causal relation. The decedent, employed as a truck driver and delivery man, while unloading a 100 pound bag of potatoes, experienced a severe headache and momentary unconsciousness. He was admitted to a hospital where his condition was diagnosed as a subarachnoid hemorrhage due to a rupture of an aneurysm and died 11 days later. There is ample evidence to sustain the board's finding of accidental injury and causal relation. The medical evidence produced by the claimant was not contradicted by appellants and was in no way controverted by the employer upon the hearings. The substantial evidence revealed by the record supports the board's determination which we must sustain (see Matter of Herring v. Second Presbyterian Church, 26 A.D.2d 874; Matter of Matthews v. General Elec. Co., 2 A.D.2d 623). Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.


Summaries of

Matter of Matchesky v. Kenney Farms, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 757 (N.Y. App. Div. 1967)
Case details for

Matter of Matchesky v. Kenney Farms, Inc.

Case Details

Full title:In the Matter of the Claim of IRENE MATCHESKY, Respondent, v. KENNEY…

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

Date published: Jun 19, 1967

Citations

28 A.D.2d 757 (N.Y. App. Div. 1967)