Claim of Bingold v. Krebs

Appellate Division of the Supreme Court of New York

Claim of Bingold v. Krebs

282 A.D. 786, 122 N.Y.S.2d 580, 1953 N.Y. App. Div. LEXIS 4960

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

DecidedJuly 2, 1953

StatusPublished

This text of 282 A.D. 786 (Claim of Bingold v. Krebs) 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 Bingold v. Krebs, 282 A.D. 786, 122 N.Y.S.2d 580, 1953 N.Y. App. Div. LEXIS 4960 (N.Y. Ct. App. 1953).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. The claim is for the death of an employee who died of a heart attack while engaged in his work as a painter’s helper. The decedent had had a prior heart attack in May, 1948. The employer knew of this and it was understood that the decedent was to take it easy and to do light work only. Nevertheless, on the day of decedent’s death, February 14, 1949, the employer had him help load a truck, in the course of which the decedent carried a stepladder weighing about ten pounds, four or five one or two-gallon cans of paint, and six dropcloths weighing five pounds each. This unusual exertion brought on [787]*787an attack from which the decedent died within an hour. There was a conflict in the medical testimony but there was substantial evidence sustaining the board’s conclusion that the cause of death was a ventricular fibrillation caused by the unusual strain. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ. [See post, p. 845.]

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Appeal from a decision and award of the Workmen’s Compensation Board. The claim is for the death of an employee who died of a heart attack while engaged in his work as a painter’s helper. The decedent had had a prior heart attack in May, 1948. The employer knew of this and it was understood that the decedent was to take it easy and to do light work only. Nevertheless, on the day of decedent’s death, February 14, 1949, the employer had him help load a truck, in the course of which the decedent carried a stepladder weighing about ten pounds, four or five one or two-gallon cans of paint, and six dropcloths weighing five pounds each. This unusual exertion brought on [787]*787an attack from which the decedent died within an hour. There was a conflict in the medical testimony but there was substantial evidence sustaining the board’s conclusion that the cause of death was a ventricular fibrillation caused by the unusual strain. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ. [See post, p. 845.]

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Bluebook (online)

282 A.D. 786, 122 N.Y.S.2d 580, 1953 N.Y. App. Div. LEXIS 4960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bingold-v-krebs-nyappdiv-1953.