Claim of Ruby v. Lustig

Appellate Division of the Supreme Court of New York

Claim of Ruby v. Lustig

274 A.D. 954, 83 N.Y.S.2d 665, 1948 N.Y. App. Div. LEXIS 4233

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1948·Published·Cited by 2 cases

Opinion

Award of compensation to an employee who, following extreme exertion and extension of his -arms in painting, suffered a cardiac attack. The evidence sustains the finding. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Foster and Russell, JJ., concur; Deyo, J., dissents, on the ground that the evidence does not support the conclusion and the findings of fact that .the claimant was engaged in any unusual work and exertion and there is no evidence to support a finding of accidental injuries arising out of and within the intent and meaning of the Workmen’s Compensation Law.

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Award of compensation to an employee who, following extreme exertion and extension of his -arms in painting, suffered a cardiac attack. The evidence sustains the finding. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Foster and Russell, JJ., concur; Deyo, J., dissents, on the ground that the evidence does not support the conclusion and the findings of fact that .the claimant was engaged in any unusual work and exertion and there is no evidence to support a finding of accidental injuries arising out of and within the intent and meaning of the Workmen’s Compensation Law.

Claim of Ruby v. Lustig, 274 A.D. 954, 83 N.Y.S.2d 665, 1948 N.Y. App. Div. LEXIS 4233 (N.Y. Ct. App. 1948).

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