Opinion
December 29, 1961
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appellants contend decision and award in a heart case were not supported by substantial evidence. The claimant was a traveling auditor, working for his employer, and was sent to Franklin, Indiana, to make an audit of an account. While there, he suffered a heart attack. The record discloses that the work had been progressing for some period of time and during the course of it claimant had to carry books of the client which weighed approximately 64 pounds from the basement to where he was working. While so employed, he suffered sharp pains across his chest and went to his hotel room to rest. The next day, although not feeling well, he returned to his work and after some time he ceased work and again went to his hotel where a doctor was summoned. After an examination he was directed to go to a hospital where an electrocardiogram confirmed a diagnosis of coronary occlusion. The medical testimony was based on the assumption that the claimant had a pre-existing coronary condition and the doctor on behalf of the claimant stated the work was sufficient to aggravate the pre-existing condition and caused the occlusion. The doctor for the carrier was of the opinion that although strenuous effort by one suffering from an underlying cardiovascular disease could by a subsequent and immediate infarction cause an occlusion such as here, the work described by the claimant was not sufficiently strenuous to cause such an accident. The board determined that the events as described by the claimant, together with the medical evidence, constituted an accidental injury, the coronary occlusion having been precipitated by the unusual work activities of the claimant. We determine there is substantial evidence to sustain the finding of the board. (See Matter of Masse v. Robinson Co., 301 N.Y. 34; Matter of Schechter v. State Ins. Fund, 6 N.Y.2d 506; Matter of Domash v. Standard Coat, Apron Linen Serv., 11 A.D.2d 575; Matter of Stefaniak v. Chudy Paper Co., 12 A.D.2d 533; Matter of Hudson v. Waddington Constr. Co., 14 A.D.2d 463. ) Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.