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Claim of Falkowski v. Paragon Oil Co.

60 A.D.2d 709, 400 N.Y.S.2d 593, 1977 N.Y. App. Div. LEXIS 14733
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 22, 1977
StatusPublished

This text of 60 A.D.2d 709 (Claim of Falkowski v. Paragon Oil 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 Falkowski v. Paragon Oil Co., 60 A.D.2d 709, 400 N.Y.S.2d 593, 1977 N.Y. App. Div. LEXIS 14733 (N.Y. Ct. App. 1977).

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed July 22, 1976, as amended by subsequent decisions, which awarded death benefits. Dr. Jaffe testified that decedent had a coronary disease for a period of time, that on November 18, 1974 decedent suffered an acute coronary insufficiency fibrillation which could be caused by any significant strain, and that the work decedent did during the morning of November 18 was a significant strain. On the basis of this testimony, the board found that the work done by decedent on November 18 precipitated his fatal heart attack. The decision is supported by substantial evidence (see Matter of McCormick v Green Bus Lines, 29 NY2d 246; Matter of Palmer v City of Glens Falls Fire Dept., 54 AD2d 789, mot for lv to app den 41 NY2d 801). Decision affirmed, with costs to the Workmen’s Compensation Board against the employer and its insurance carrier. Koreman, P. J., Greenblott, Sweeney, Mikoll and Herlihy, JJ., concur.

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Related

Claim of McCormick v. Green Bus Lines, Inc.
276 N.E.2d 619 (New York Court of Appeals, 1971)
Claim of Palmer v. City of Glens Falls Fire Department
54 A.D.2d 789 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
60 A.D.2d 709, 400 N.Y.S.2d 593, 1977 N.Y. App. Div. LEXIS 14733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-falkowski-v-paragon-oil-co-nyappdiv-1977.