Claim of Wilcox v. Village of Endicott

Appellate Division of the Supreme Court of New York

Claim of Wilcox v. Village of Endicott

75 A.D.2d 700, 427 N.Y.S.2d 83, 1980 N.Y. App. Div. LEXIS 11170

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

DecidedApril 24, 1980

StatusPublished

This text of 75 A.D.2d 700 (Claim of Wilcox v. Village of Endicott) 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 Wilcox v. Village of Endicott, 75 A.D.2d 700, 427 N.Y.S.2d 83, 1980 N.Y. App. Div. LEXIS 11170 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed November 15, 1978, which disallowed a claim for compensation under the Workers’ Compensation Law. Claimant, a lieutenant with the Village of Endicott Police Department, filed a claim for benefits in which he contended that the myocardial infarction he suffered while camping on May 31, 1975 was causally related to his job activities he had performed earlier that day. The referee found in favor of claimant, but on appeal, the board rescinded the award and referred claimant to an impartial cardiologist, Dr. Dean, for his opinion as to causal relation. Based upon Dr. Dean’s report and testimony that claimant’s myocardial infarction was not causally related to his job activities of May 31, 1975, the board disallowed the claim. In our view, there should be an affirmance. There is substantial evidence to support the board’s decision that claimant’s myocardial infarction was not causally related to his employment. Both Dr. Dean and Dr. Walters testified that claimant did not suffer a subendocardial infarction, which can be produced by stress ¿nd strain, but sustained a transmural myocardial infarction which cannot be brought on by work effort. We have examined claimant’s other contentions and find them to be without merit. Decision affirmed, [701]*701without costs. Mahoney, P. J, Greenblott, Sweeney, Kane and Casey, JJ, concur.

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Appeal from a decision of the Workers’ Compensation Board, filed November 15, 1978, which disallowed a claim for compensation under the Workers’ Compensation Law. Claimant, a lieutenant with the Village of Endicott Police Department, filed a claim for benefits in which he contended that the myocardial infarction he suffered while camping on May 31, 1975 was causally related to his job activities he had performed earlier that day. The referee found in favor of claimant, but on appeal, the board rescinded the award and referred claimant to an impartial cardiologist, Dr. Dean, for his opinion as to causal relation. Based upon Dr. Dean’s report and testimony that claimant’s myocardial infarction was not causally related to his job activities of May 31, 1975, the board disallowed the claim. In our view, there should be an affirmance. There is substantial evidence to support the board’s decision that claimant’s myocardial infarction was not causally related to his employment. Both Dr. Dean and Dr. Walters testified that claimant did not suffer a subendocardial infarction, which can be produced by stress ¿nd strain, but sustained a transmural myocardial infarction which cannot be brought on by work effort. We have examined claimant’s other contentions and find them to be without merit. Decision affirmed, [701]*701without costs. Mahoney, P. J, Greenblott, Sweeney, Kane and Casey, JJ, concur.

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Bluebook (online)

75 A.D.2d 700, 427 N.Y.S.2d 83, 1980 N.Y. App. Div. LEXIS 11170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wilcox-v-village-of-endicott-nyappdiv-1980.