Appellate Division of the Supreme Court of New York, 1971

Claim of Hyman v. V. I. Typewriters, Inc.

Claim of Hyman v. V. I. Typewriters, Inc.
Appellate Division of the Supreme Court of New York · Decided October 27, 1971
37 A.D.2d 895; 325 N.Y.S.2d 402; 1971 N.Y. App. Div. LEXIS 3190
Claim of Hyman v. V. I. Typewriters, Inc.

Opinion of the Court

Appeals from a decision of the Workmen’s Compensation Board, filed November 13,1970, in a heart ease. The record establishes that the decedent bad a severe cardiac condition prior to the fire on October 18, 1968, but there was medical testimony that as a result of the fire the decedent was “ thrown into a state of coronary insufficiency ” and that the long and arduous hours of employment, coupled with the psychological stress necessarily resulting from the fire, imposed upon the “ insufficiency ” caused his death. There is ample evidence of the decedent’s physical condition without considering the hearsay evidence as to pain and other complaints. The board’s decision is supported by substantial evidence. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.

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