Claim of Gibalski v. Elmira Country Club
Opinion of the Court
Appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board granting death benefits to the widow and discharging the Special Disability Fund under subdivision 8 of section 15- of the Workmen’s Compensation Law. The deceased employee had a long history of heart disease. In 1947 he had suffered a myocardial infarction due to a coronary thrombosis. At that time he was hospitalized and away from work for several months. Thereafter he took medication for his heart condition and was examined at various times. Electrocardiograms showed a previous myocardial damage in 1949, frequent ventricular premature contractions in 1952 and an enlarged heart and a healed myocardial infarction in 1954. Throughout this period he had complained of being tired and had shortness of breath. The decedent had various jobs in this period, some involving strenuous physical labor, and in the Summer of 1954 he went to work for the employer herein, the Elmira Country Club, where he worked on the maintenance crew of the golf course. In the Winter of 1954-1955 he worked as a delivery man and the following Spring he returned to his job at the Country Club. His work involved such things as top dressing the greens, fixing steps, picking up papers and watering greens. On May 6, 1955 while standing by a lawn mower the decedent fainted and he was thereafter absent from work for several days. He consulted a doctor on May 9, 1955 at which time an electrocardiogram again showed ventricular premature contractions at times leading to a bigeminal rhythm. On July 11, 1955 after lunch the decedent drove a truck, accompanied by one Claude Smith, to a fairway where some leaves had been raked into a row about 200 feet long, 18 inches high and 1 foot wide. Using a fork the decedent proceeded to pitch the leaves onto the truck. The decedent would occasionally get in and move the truck forward. Smith testified that the decedent pitched 50 to 60 forkfuls, weighing 10 to 12 pounds each, on the truck and that they then went to dump the leaves. They stopped for a drink and were back at the leaves again in 10 to 15 minutes. Then after pitching 10 to 12 more forkfuls, Smith saw the decedent start to collapse as he was pitching a forkful onto the truck. Smith caught him and he said, “Lay me down on the ground.” He was breathing heavy and vomited. The ambulance arrived in about 10 minutes, and the driver thought he felt a pulse but the decedent was dead when the hospital was reached four minutes later. The death certificate stated that death was due to a coronary occlusion but no autopsy was performed. A claim for death benefits was filed by the widow on behalf of herself and three alleged dependents. Thereafter the carrier filed a claim for reimbursement from the Special Fund under subdivision 8 of section 15. The Referee disallowed the claim finding insufficient proof of accident and causal relation. On review the board reversed, finding that due to unusual strain and overexertion in his work the decedent was caused to suffer a coronary occlusion which caused his death. The Referee then disallowed the carrier’s claim for reimbursement, found that the alleged dependents were not in fact dependents, and made an award to the widow alone. On the carrier’s application the board would only review the question of reimbursement and it affirmed the Referee’s decision. The appellants contend that the decedent did not sustain an industrial accident, that there is no evidence to support the finding of death due to coronary occlusion caused by strain nor any substantial evidence to support the finding of causal relationship and that the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.