Claim of Grant v. National Broadcasting Co.

Appellate Division of the Supreme Court of New York

Claim of Grant v. National Broadcasting Co.

23 A.D.2d 600, 256 N.Y.S.2d 397, 1965 N.Y. App. Div. LEXIS 4868

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

DecidedFebruary 17, 1965

StatusPublished

This text of 23 A.D.2d 600 (Claim of Grant v. National Broadcasting 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 Grant v. National Broadcasting Co., 23 A.D.2d 600, 256 N.Y.S.2d 397, 1965 N.Y. App. Div. LEXIS 4868 (N.Y. Ct. App. 1965).

Pincite

Opinion

Reynolds, J.

Appeal by the claimant from a decision of the Workmen’s Compensation Board disallowing her claim for death benefits on the grounds that decedent’s death was not causally related to his work activities. Decedent, an associate director on the staff of respondent employer, suddenly expired on Sunday, February 26, 1961 while in bed at home. Claimant asserts that the fatal thrombosis was precipitated by mental, nervous and emotional strain suffered in carrying out decedent’s employment activities. The carrier’s expert and an impartial specialist selected by the board, however, found death to have been caused by the progressive effect of advanced occlusive atherosclerotic coronary artery disease and not decedent’s work activities. The board, of course, is the appropriate body to resolve such factual disputes (Matter of Palermo v. Gallueci é Sons, 5 N Y 2d 529) and whereas here there is direct medical opinion sustaining the board’s determination its findings must be final (Workmen’s Compensation Law, § 23; e.g., Matter of Both v. Model Pawnbrokers, 16 A D 2d 841). Decision affirmed, without costs. Herlihy, J. P., Taylor, Aulisi and Hamm, JJ., concur.

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Reynolds, J.

Appeal by the claimant from a decision of the Workmen’s Compensation Board disallowing her claim for death benefits on the grounds that decedent’s death was not causally related to his work activities. Decedent, an associate director on the staff of respondent employer, suddenly expired on Sunday, February 26, 1961 while in bed at home. Claimant asserts that the fatal thrombosis was precipitated by mental, nervous and emotional strain suffered in carrying out decedent’s employment activities. The carrier’s expert and an impartial specialist selected by the board, however, found death to have been caused by the progressive effect of advanced occlusive atherosclerotic coronary artery disease and not decedent’s work activities. The board, of course, is the appropriate body to resolve such factual disputes (Matter of Palermo v. Gallueci é Sons, 5 N Y 2d 529) and whereas here there is direct medical opinion sustaining the board’s determination its findings must be final (Workmen’s Compensation Law, § 23; e.g., Matter of Both v. Model Pawnbrokers, 16 A D 2d 841). Decision affirmed, without costs. Herlihy, J. P., Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

23 A.D.2d 600, 256 N.Y.S.2d 397, 1965 N.Y. App. Div. LEXIS 4868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-grant-v-national-broadcasting-co-nyappdiv-1965.