Claim of Bernsley v. Telemarine Communications Co.

Appellate Division of the Supreme Court of New York

Claim of Bernsley v. Telemarine Communications Co.

40 A.D.2d 745, 336 N.Y.S.2d 747, 1972 N.Y. App. Div. LEXIS 3630

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

DecidedOctober 26, 1972

StatusPublished

Cited by2 cases

This text of 40 A.D.2d 745 (Claim of Bernsley v. Telemarine Communications 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 Bernsley v. Telemarine Communications Co., 40 A.D.2d 745, 336 N.Y.S.2d 747, 1972 N.Y. App. Div. LEXIS 3630 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed August 18, 1971, which allowed a claim for death benefits. The decedent was the principal in the appellant corporation and also in 149-142 West Broadway Corporation, appellant corporation’s landlord. He became involved in a prolonged period of discussion and negotiation with the city over a vault tax assessed against 149-142 West Broadway Corporation and paid by appellant. During an emotional discussion of the tax problem with his brother, he died from cardiac failure. There is substantial evidence to support the board’s finding that the problems over the vault tax arose out of and during the course of decedent’s employment with appellant and that the emotional strain and anxiety from dealing with the tax problems caused decedent’s death. (Matter of Klimas v. Trans Caribbean Airways, 10 N Y 2d 209; Matter of Quill v. Transport Workers Union, 35 A D 2d 860, mot. for lv. to app. den. 28 N Y 2d 482.) Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Sweeney, Simons and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed August 18, 1971, which allowed a claim for death benefits. The decedent was the principal in the appellant corporation and also in 149-142 West Broadway Corporation, appellant corporation’s landlord. He became involved in a prolonged period of discussion and negotiation with the city over a vault tax assessed against 149-142 West Broadway Corporation and paid by appellant. During an emotional discussion of the tax problem with his brother, he died from cardiac failure. There is substantial evidence to support the board’s finding that the problems over the vault tax arose out of and during the course of decedent’s employment with appellant and that the emotional strain and anxiety from dealing with the tax problems caused decedent’s death. (Matter of Klimas v. Trans Caribbean Airways, 10 N Y 2d 209; Matter of Quill v. Transport Workers Union, 35 A D 2d 860, mot. for lv. to app. den. 28 N Y 2d 482.) Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Sweeney, Simons and Reynolds, JJ., concur.

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Bluebook (online)

40 A.D.2d 745, 336 N.Y.S.2d 747, 1972 N.Y. App. Div. LEXIS 3630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bernsley-v-telemarine-communications-co-nyappdiv-1972.

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