Opinion
December 21, 1970
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed May 14, 1969. The issues are whether an employer-employee relationship existed, and whether an industrial accident occurred. The board found that decedent worked under the supervision and direction of the dispatcher of the employer and that an empolyer-employee relationship existed. ( Matter of Gennarelli v. Spruce-Up Cleaners, 34 A.D.2d 1075; Matter of Gregg v. Dallas Mavis Forwarding Co., 32 A.D.2d 678.) The board also found that decedent "lifted and carried the mail bags, at least one of which weighed about seventy-five pounds, and which precipitated the ruptured aortic aneurysm, thereby constituting an accidental injury arising out of and in the course of his employment. The resultant death was causally related to the accidental injury." Claimant's hearsay testimony is sufficiently corroborated by the testimony of other witnesses to meet the requirement of section 118 of the Workmen's Compensation Law. ( Matter of Keller v. Montgomery Ward Co., 2 A.D.2d 402.) The board's determination is supported by substantial evidence and should be affirmed. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.