Claim of Fitkalo v. American Express Concessions, Inc.

Appellate Division of the Supreme Court of New York

Claim of Fitkalo v. American Express Concessions, Inc.

261 A.D. 1023, 25 N.Y.S.2d 982, 1941 N.Y. App. Div. LEXIS 8586

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

DecidedMarch 12, 1941

StatusPublished

This text of 261 A.D. 1023 (Claim of Fitkalo v. American Express Concessions, 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 Fitkalo v. American Express Concessions, Inc., 261 A.D. 1023, 25 N.Y.S.2d 982, 1941 N.Y. App. Div. LEXIS 8586 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from an award for disability. Claimant was employed as a mechanic in connection with the operation and maintenance of automatic electric chairs. On August 26, 1939, he lifted one of such chairs in connection with his work. The chair weighed two hundred pounds. Claimant felt a pain and subsequently developed symptoms of heart trouble. There is medical testimony to the effect that because of overstrain there was a temporary change in the circulation of claimant’s coronary arteries which resulted in a coronary occlusion. It may be inferred from the testimony that the strain in question was unusual, and not customary in connection with claimant’s usual duties. Appellants complain of lack of notice but there is evidence which shows actual notice and knowledge on the part of the employer. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Appeal from an award for disability. Claimant was employed as a mechanic in connection with the operation and maintenance of automatic electric chairs. On August 26, 1939, he lifted one of such chairs in connection with his work. The chair weighed two hundred pounds. Claimant felt a pain and subsequently developed symptoms of heart trouble. There is medical testimony to the effect that because of overstrain there was a temporary change in the circulation of claimant’s coronary arteries which resulted in a coronary occlusion. It may be inferred from the testimony that the strain in question was unusual, and not customary in connection with claimant’s usual duties. Appellants complain of lack of notice but there is evidence which shows actual notice and knowledge on the part of the employer. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Bluebook (online)

261 A.D. 1023, 25 N.Y.S.2d 982, 1941 N.Y. App. Div. LEXIS 8586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-fitkalo-v-american-express-concessions-inc-nyappdiv-1941.