Claim of Holly v. Queensboro Corp.

Appellate Division of the Supreme Court of New York

Claim of Holly v. Queensboro Corp.

9 A.D.2d 819, 192 N.Y.S.2d 664, 1959 N.Y. App. Div. LEXIS 6172

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

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 819 (Claim of Holly v. Queensboro 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 Holly v. Queensboro Corp., 9 A.D.2d 819, 192 N.Y.S.2d 664, 1959 N.Y. App. Div. LEXIS 6172 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant’s proof of accident is that on the day of his heart attack he moved eight barrels of ashes, each weighing 120 to 130 pounds, by rolling them to a flight of stairs and then lifting them up eight steps. Although this was the regular work of the claimant, it amounted to strenuous physical exertion; it was immediately associated with heart symptoms; and there is adequate medical proof that it precipitated claimant’s disabling heart attack. These facts permit the board to find accidental injury within the area of the present direction of decisional law in this State. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present ■ — ■ Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant’s proof of accident is that on the day of his heart attack he moved eight barrels of ashes, each weighing 120 to 130 pounds, by rolling them to a flight of stairs and then lifting them up eight steps. Although this was the regular work of the claimant, it amounted to strenuous physical exertion; it was immediately associated with heart symptoms; and there is adequate medical proof that it precipitated claimant’s disabling heart attack. These facts permit the board to find accidental injury within the area of the present direction of decisional law in this State. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present ■ — ■ Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

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Bluebook (online)

9 A.D.2d 819, 192 N.Y.S.2d 664, 1959 N.Y. App. Div. LEXIS 6172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-holly-v-queensboro-corp-nyappdiv-1959.