Claim of Napolitano v. Fusco

Appellate Division of the Supreme Court of New York

Claim of Napolitano v. Fusco

9 A.D.2d 802, 192 N.Y.S.2d 520, 1959 N.Y. App. Div. LEXIS 6141

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

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 802 (Claim of Napolitano v. Fusco) 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 Napolitano v. Fusco, 9 A.D.2d 802, 192 N.Y.S.2d 520, 1959 N.Y. App. Div. LEXIS 6141 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Decedent employee was a truck driver and collector in a carting business. While driving employer’s truck on an icy street he suffered a heart attack as a result of which he died. His helper testified that as decedent was driving the truck he told the witness “ that we were slipping and skidding ” and he was “ a little afraid ” and “ didn’t want to hit anything ”. The helper further testified “ he started grabbing the wheel * * * he was complaining, he was getting a pain in his chest.” The truck was eight and one-half tons unloaded and the witness elaborated in some detail the physical effort made by the decedent to control the truck under skidding conditions and the immediate physical reactions in the driver that he observed. Medical testimony adequately associates this physical activity and the illness. The claim falls within the range of eases where physical activity in the work is associated with the heart attack. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present ■ — Foster, P. J., Bergan, Coon, Gibson and Reynolds, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. Decedent employee was a truck driver and collector in a carting business. While driving employer’s truck on an icy street he suffered a heart attack as a result of which he died. His helper testified that as decedent was driving the truck he told the witness “ that we were slipping and skidding ” and he was “ a little afraid ” and “ didn’t want to hit anything ”. The helper further testified “ he started grabbing the wheel * * * he was complaining, he was getting a pain in his chest.” The truck was eight and one-half tons unloaded and the witness elaborated in some detail the physical effort made by the decedent to control the truck under skidding conditions and the immediate physical reactions in the driver that he observed. Medical testimony adequately associates this physical activity and the illness. The claim falls within the range of eases where physical activity in the work is associated with the heart attack. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present ■ — Foster, P. J., Bergan, Coon, Gibson and Reynolds, JJ.

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Bluebook (online)

9 A.D.2d 802, 192 N.Y.S.2d 520, 1959 N.Y. App. Div. LEXIS 6141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-napolitano-v-fusco-nyappdiv-1959.