Claim of Berger v. Atlantic Metal Products Co.

Appellate Division of the Supreme Court of New York

Claim of Berger v. Atlantic Metal Products Co.

1 A.D.2d 857, 148 N.Y.S.2d 723, 1956 N.Y. App. Div. LEXIS 6293

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 21, 1956

StatusPublished

This text of 1 A.D.2d 857 (Claim of Berger v. Atlantic Metal Products Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Berger v. Atlantic Metal Products Co., 1 A.D.2d 857, 148 N.Y.S.2d 723, 1956 N.Y. App. Div. LEXIS 6293 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal by the claimant from a decision of the Workmen’s Compensation Board disallowing a claim for death benefits. While the decedent was at work at a welding machine, standing on a duck board or platform two or three inches in height, he suddenly made a strange noise and fell to the floor. His head struck the floor and he sustained a skull fracture. Subsequently, at the hospital to which he was taken, he fell off a table while unconscious and suffered a second skull fracture. He died as a result of the fractures. It appeared that the decedent had been suffering from severe coronary arteriosclerosis. The board found that the decedent “ suffered a heart attack which caused him to collapse and fall ”. There was no claim that the heart condition was due to the employment or was aggravated by it. The appellant contends that the decedent slipped or stumbled on the platform and that this caused his fall. She also contends that an extra hazard was involved in the fall by reason of the employment but the board was justified, upon the evidence, in rejecting these contentions. Decision unanimously affirmed, without costs. Present — Foster, P. J., Coon, Halpern, Zeller and Gibson, JJ.

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Appeal by the claimant from a decision of the Workmen’s Compensation Board disallowing a claim for death benefits. While the decedent was at work at a welding machine, standing on a duck board or platform two or three inches in height, he suddenly made a strange noise and fell to the floor. His head struck the floor and he sustained a skull fracture. Subsequently, at the hospital to which he was taken, he fell off a table while unconscious and suffered a second skull fracture. He died as a result of the fractures. It appeared that the decedent had been suffering from severe coronary arteriosclerosis. The board found that the decedent “ suffered a heart attack which caused him to collapse and fall ”. There was no claim that the heart condition was due to the employment or was aggravated by it. The appellant contends that the decedent slipped or stumbled on the platform and that this caused his fall. She also contends that an extra hazard was involved in the fall by reason of the employment but the board was justified, upon the evidence, in rejecting these contentions. Decision unanimously affirmed, without costs. Present — Foster, P. J., Coon, Halpern, Zeller and Gibson, JJ.

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Bluebook (online)

1 A.D.2d 857, 148 N.Y.S.2d 723, 1956 N.Y. App. Div. LEXIS 6293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-berger-v-atlantic-metal-products-co-nyappdiv-1956.