Claim of Wolner v. Ronnie Bake Shop, Inc.

Appellate Division of the Supreme Court of New York

Claim of Wolner v. Ronnie Bake Shop, Inc.

281 A.D. 932, 119 N.Y.S.2d 627

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

DecidedMarch 18, 1953

StatusPublished

This text of 281 A.D. 932 (Claim of Wolner v. Ronnie Bake Shop, Inc.) 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 Wolner v. Ronnie Bake Shop, Inc., 281 A.D. 932, 119 N.Y.S.2d 627 (N.Y. Ct. App. 1953).

Pincite

Opinion

Employer and carrier appeal from an award of death benefits made to the widow of a deceased employee. Decedent was a baker. While engaged in his employment he had a heart attack in the nature of a coronary insufficiency and subsequent ventricular fibrillation. The board has found that the fatal attack was brought on because decedent was subjected to unusual exertion in carrying a heavy pail of water and this exertion caused an aggravation of an underlying pathology. We cannot say that there is no substantial evidence to sustain the finding of the board, nor can we say, as a matter of law, that the board erred in its conclusion that decedent sustained an industrial accident. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Employer and carrier appeal from an award of death benefits made to the widow of a deceased employee. Decedent was a baker. While engaged in his employment he had a heart attack in the nature of a coronary insufficiency and subsequent ventricular fibrillation. The board has found that the fatal attack was brought on because decedent was subjected to unusual exertion in carrying a heavy pail of water and this exertion caused an aggravation of an underlying pathology. We cannot say that there is no substantial evidence to sustain the finding of the board, nor can we say, as a matter of law, that the board erred in its conclusion that decedent sustained an industrial accident. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

281 A.D. 932, 119 N.Y.S.2d 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wolner-v-ronnie-bake-shop-inc-nyappdiv-1953.