Appellate Division of the Supreme Court of New York, 1946

Claim of Hills v. Carborundum Co.

Claim of Hills v. Carborundum Co.
Appellate Division of the Supreme Court of New York · Decided November 20, 1946
271 A.D.2d 855
Claim of Hills v. Carborundum Co.

Opinion of the Court

Appeal by an employer and insurance carrier from a decision and award of death benefits made by the Workmen’s Compensation Board. The issue is causal relation between decedent’s employment and his death. The immediate *856cause of death was an acute dilatation of the right heart — coronary arteriosclerosis and occlusion, contributing. Decedent was found dead less than an hour after he took up his post of duty as watchman in a small shack fitted with an electric heater, close to which he had apparently fallen and was found. The body had suffered severe ante-mortem burns on portions of the right hand, forearm, shoulder and back of the head. The accident was unwitnessed. . There was evidence that the burns were a competent, producing and proximate cause of death and such justified the finding of causal relationship. Decision and award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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