Claim of Frankel v. National 5, 10 & 25 Cent Stores

Appellate Division of the Supreme Court of New York

Claim of Frankel v. National 5, 10 & 25 Cent Stores

243 A.D. 841

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Claimant’s intestate had worked for several hours unpacking merchandise in the employer’s store. About two-forty-five p. m. a fellow-employee remarked upon his distressed appearance; intestate replied that he had suffered a strain. About four p. m. he suffered a seizure and shortly died of angina pectoris. Physician testified that the work of unpacking merchandise “ could have ” produced the angina. (Matter of McLaughlin v. Curtis-Quillen Co., 223 App. Div. 208.) Award was denied by the State Industrial Board. Decision of the State Industrial Board affirmed. Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents.

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Claimant’s intestate had worked for several hours unpacking merchandise in the employer’s store. About two-forty-five p. m. a fellow-employee remarked upon his distressed appearance; intestate replied that he had suffered a strain. About four p. m. he suffered a seizure and shortly died of angina pectoris. Physician testified that the work of unpacking merchandise “ could have ” produced the angina. (Matter of McLaughlin v. Curtis-Quillen Co., 223 App. Div. 208.) Award was denied by the State Industrial Board. Decision of the State Industrial Board affirmed. Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents.

Claim of Frankel v. National 5, 10 & 25 Cent Stores, 243 A.D. 841 (N.Y. Ct. App. 1935).

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