Claim of Olsen v. Underhill Construction Corp.

Appellate Division of the Supreme Court of New York

Claim of Olsen v. Underhill Construction Corp.

20 A.D.2d 601, 245 N.Y.S.2d 574, 1963 N.Y. App. Div. LEXIS 2590

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

DecidedDecember 27, 1963

StatusPublished

This text of 20 A.D.2d 601 (Claim of Olsen v. Underhill Construction 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 Olsen v. Underhill Construction Corp., 20 A.D.2d 601, 245 N.Y.S.2d 574, 1963 N.Y. App. Div. LEXIS 2590 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal by the employer and its carrier from a decision and award of death benefits by the Workmen’s Compensation Board [602]*602on the grounds that there is no substantial evidence to support the board’s findings of industrial accident and causal relationship. Decedent, a 56-year-old carpenter, died from a subarachnoid hemorrhage. It is undisputed that on the day he was stricken decedent was working in an enclosed area where the air was made noxious by the heating arrangement. There is also testimony that decedent felt ill during the morning and vomited both after lunch and on returning home and substantial medical testimony to the effect that this retching and vomiting, considering decedent’s medical history, could have caused a blood vessel in the brain to rupture resulting in the fatal hemorrhage. While there is also medical testimony denying any relationship between decedent’s cerebral accident and his employment, the choice as to which medical opinions should be accepted resides in the board (Matter of Palermo v. Gallueci é Sons, 5 N Y 2d 529). Decision and award unanimously affirmed, with costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Appeal by the employer and its carrier from a decision and award of death benefits by the Workmen’s Compensation Board [602]*602on the grounds that there is no substantial evidence to support the board’s findings of industrial accident and causal relationship. Decedent, a 56-year-old carpenter, died from a subarachnoid hemorrhage. It is undisputed that on the day he was stricken decedent was working in an enclosed area where the air was made noxious by the heating arrangement. There is also testimony that decedent felt ill during the morning and vomited both after lunch and on returning home and substantial medical testimony to the effect that this retching and vomiting, considering decedent’s medical history, could have caused a blood vessel in the brain to rupture resulting in the fatal hemorrhage. While there is also medical testimony denying any relationship between decedent’s cerebral accident and his employment, the choice as to which medical opinions should be accepted resides in the board (Matter of Palermo v. Gallueci é Sons, 5 N Y 2d 529). Decision and award unanimously affirmed, with costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

20 A.D.2d 601, 245 N.Y.S.2d 574, 1963 N.Y. App. Div. LEXIS 2590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-olsen-v-underhill-construction-corp-nyappdiv-1963.