Claim of Deblaker v. Channel Master Corp.

Appellate Division of the Supreme Court of New York

Claim of Deblaker v. Channel Master Corp.

1 A.D.2d 910, 149 N.Y.S.2d 519, 1956 N.Y. App. Div. LEXIS 5954

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

DecidedMarch 21, 1956

StatusPublished

This text of 1 A.D.2d 910 (Claim of Deblaker v. Channel Master Corp.) 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 Deblaker v. Channel Master Corp., 1 A.D.2d 910, 149 N.Y.S.2d 519, 1956 N.Y. App. Div. LEXIS 5954 (N.Y. Ct. App. 1956).

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Opinion

— Appeal from a decision of the Workmen’s Compensation Board which disallowed a claim for death benefits. There are many cases where disability or death associated with heart conditions has been attributed by the board to industrial accidents which seem much less surely supported than the ease in the record now before us (Matter of Masse v. Robinson Co., 301 N. Y. 34; Matter of Gioia v. Courtmel Co., 283 App. Div. 40). The record discloses that decedent had driven a truck for about twelve hours and when the truck went oft the road he was found alive but unconscious. He died soon after. Death was found due to severe coronary sclerosis. There was medical opinion evidence which associated the work with the death; there was other medical evidence that they were not associated. The board found against claimant on the facts and we see no other course open to us than to affirm. Decision unanimously affirmed, without costs. Present — Poster, P. J., Bergan, Halpern, Zeller and Gibson, JJ.

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— Appeal from a decision of the Workmen’s Compensation Board which disallowed a claim for death benefits. There are many cases where disability or death associated with heart conditions has been attributed by the board to industrial accidents which seem much less surely supported than the ease in the record now before us (Matter of Masse v. Robinson Co., 301 N. Y. 34; Matter of Gioia v. Courtmel Co., 283 App. Div. 40). The record discloses that decedent had driven a truck for about twelve hours and when the truck went oft the road he was found alive but unconscious. He died soon after. Death was found due to severe coronary sclerosis. There was medical opinion evidence which associated the work with the death; there was other medical evidence that they were not associated. The board found against claimant on the facts and we see no other course open to us than to affirm. Decision unanimously affirmed, without costs. Present — Poster, P. J., Bergan, Halpern, Zeller and Gibson, JJ.

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Bluebook (online)

1 A.D.2d 910, 149 N.Y.S.2d 519, 1956 N.Y. App. Div. LEXIS 5954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-deblaker-v-channel-master-corp-nyappdiv-1956.

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