Claim of Miller v. Dairy Corp. of America

Appellate Division of the Supreme Court of New York

Claim of Miller v. Dairy Corp. of America

33 A.D.2d 870, 305 N.Y.S.2d 860, 1969 N.Y. App. Div. LEXIS 2546

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

DecidedDecember 18, 1969

StatusPublished

This text of 33 A.D.2d 870 (Claim of Miller v. Dairy Corp. of America) 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 Miller v. Dairy Corp. of America, 33 A.D.2d 870, 305 N.Y.S.2d 860, 1969 N.Y. App. Div. LEXIS 2546 (N.Y. Ct. App. 1969).

Pincite

Opinion

Greenblott, J.

Appeal from a decision of the Workmen’s Compensation Board, filed November 29, 1968. The board found that decedent on May 4, 1966 lifted a quantity of ice cream on the employer’s delivery dock and “ that this lifting resulted in a rupture of an aortic aneurysm and the death on May 14, 1966 ” and that “ death was the unavoidable result of such accidental injury.” Since the record contains direct medical evidence to support the board’s determination, that decision should not be disturbed. (Matter of Herring v. Second Presbyt. Church, 26 A D 2d 874.) Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Greenblott, J.

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Greenblott, J.

Appeal from a decision of the Workmen’s Compensation Board, filed November 29, 1968. The board found that decedent on May 4, 1966 lifted a quantity of ice cream on the employer’s delivery dock and “ that this lifting resulted in a rupture of an aortic aneurysm and the death on May 14, 1966 ” and that “ death was the unavoidable result of such accidental injury.” Since the record contains direct medical evidence to support the board’s determination, that decision should not be disturbed. (Matter of Herring v. Second Presbyt. Church, 26 A D 2d 874.) Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Greenblott, J.

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Bluebook (online)

33 A.D.2d 870, 305 N.Y.S.2d 860, 1969 N.Y. App. Div. LEXIS 2546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-miller-v-dairy-corp-of-america-nyappdiv-1969.