Claim of Brandes v. Mohawk Carpet Mills, Inc.

Appellate Division of the Supreme Court of New York

Claim of Brandes v. Mohawk Carpet Mills, Inc.

11 A.D.2d 878, 202 N.Y.S.2d 580, 1960 N.Y. App. Div. LEXIS 8410

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

DecidedJuly 27, 1960

StatusPublished

This text of 11 A.D.2d 878 (Claim of Brandes v. Mohawk Carpet Mills, Inc.) 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 Brandes v. Mohawk Carpet Mills, Inc., 11 A.D.2d 878, 202 N.Y.S.2d 580, 1960 N.Y. App. Div. LEXIS 8410 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Decedent had for some years before his death been employed as a night watchman in a carpet mill. Since December 30, 1953 he had been suffering from heart disease but continued to work. This involved climbing a number of stairs. On July 29, 1954 it was established that he was required to climb a number of “ flights of stairs ” each hour during his eight-hour day and descend the stairs, walk a distance of half a mile and punch time clocks at 10 different stations. While he was climbing stairs on the third trip, having climbed 22 flights in the previous 2*4 hours he suffered a heart attack, fell down the stairs, and struck his head. He died some time later from coronary thrombosis; and there is medical proof of the existence of a consequential train of events from the fall on the stairs to decedent’s death. The main argument of appellants is that there was here no “accident” within the statutory definition; but there is proof that the arduous work of the night of July 29 in its effect on decedent’s weakened heart was a contributory cause of the heart attack manifested by his fall and of his subsequent death. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. Decedent had for some years before his death been employed as a night watchman in a carpet mill. Since December 30, 1953 he had been suffering from heart disease but continued to work. This involved climbing a number of stairs. On July 29, 1954 it was established that he was required to climb a number of “ flights of stairs ” each hour during his eight-hour day and descend the stairs, walk a distance of half a mile and punch time clocks at 10 different stations. While he was climbing stairs on the third trip, having climbed 22 flights in the previous 2*4 hours he suffered a heart attack, fell down the stairs, and struck his head. He died some time later from coronary thrombosis; and there is medical proof of the existence of a consequential train of events from the fall on the stairs to decedent’s death. The main argument of appellants is that there was here no “accident” within the statutory definition; but there is proof that the arduous work of the night of July 29 in its effect on decedent’s weakened heart was a contributory cause of the heart attack manifested by his fall and of his subsequent death. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

11 A.D.2d 878, 202 N.Y.S.2d 580, 1960 N.Y. App. Div. LEXIS 8410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-brandes-v-mohawk-carpet-mills-inc-nyappdiv-1960.