Opinion
October 24, 1967
Appeal from a decision of the Workmen's Compensation Board reinstating and affirming the Referee's decisions awarding compensation for disability and for death. This same case was remitted by us because we were unable to predicate an award upon the board's finding ( 24 A.D.2d 783). The board after further review found: "that the decedent * * * suffered severe fright and emotional shock when the customer that he was serving collapsed and died; that this incident sharply increased decedent's blood pressure and caused destruction of the posterior wall of the left ventricle * * * that the emotional distress that ensued precipitating coronary insufficiency and myocardial infarction, constitutes an accidental injury within the meaning of the law * * * that death * * * was due to pulmonary edema causally related to the damage done to the heart". It further found that this constituted an accidental injury and that decedent's death on October 16, 1962 was causally related to the incident on October 17, 1961, when a customer decedent was serving as a waiter collapsed and died. We previously stated that the record was sufficient to sustain an award and the board's findings are now in conformity with the medical testimony and the evidence concerning decedent's condition after this incident (see 24 A.D.2d 783, 784). Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.