Rockburn v. New York State Police

Appellate Division of the Supreme Court of New York

Rockburn v. New York State Police

46 A.D.2d 951, 361 N.Y.S.2d 757, 1974 N.Y. App. Div. LEXIS 3296

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

DecidedDecember 18, 1974

StatusPublished

This text of 46 A.D.2d 951 (Rockburn v. New York State Police) 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

Rockburn v. New York State Police, 46 A.D.2d 951, 361 N.Y.S.2d 757, 1974 N.Y. App. Div. LEXIS 3296 (N.Y. Ct. App. 1974).

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Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed January 23, 1974. Claimant’s husband, a 63-year-old New York State Police Sergeant stationed at Tupper Lake, New York, sustained a myocardial infarction shortly after reporting for duty on August 17, 1970 at 11:00 p.m. Claimant maintains that decedent was being pressured to retire; that he was apprehensive due to an impending inspection of the substation and that just prior to the attack he had moved some supply packages to a storeroom. It is claimant’s contention that this combination of circumstances constituted an industrial accident. The board found that death was not related to the employment but was totally unrelated, having resulted from the natural progression of underlying coronary disease. There was contradictory medical testimony. The employer’s doctor testified that death was “ totally unrelated to the work he was doing and was the result of a progressing natural disease which terminated with a massive myocardial infarct that caused his death.” On this record there is substantial evidence to sustain the board’s determination and we must affirm. Decision affirmed, without costs. Staley, Jr., J. P., Cooke, Sweeney, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed January 23, 1974. Claimant’s husband, a 63-year-old New York State Police Sergeant stationed at Tupper Lake, New York, sustained a myocardial infarction shortly after reporting for duty on August 17, 1970 at 11:00 p.m. Claimant maintains that decedent was being pressured to retire; that he was apprehensive due to an impending inspection of the substation and that just prior to the attack he had moved some supply packages to a storeroom. It is claimant’s contention that this combination of circumstances constituted an industrial accident. The board found that death was not related to the employment but was totally unrelated, having resulted from the natural progression of underlying coronary disease. There was contradictory medical testimony. The employer’s doctor testified that death was “ totally unrelated to the work he was doing and was the result of a progressing natural disease which terminated with a massive myocardial infarct that caused his death.” On this record there is substantial evidence to sustain the board’s determination and we must affirm. Decision affirmed, without costs. Staley, Jr., J. P., Cooke, Sweeney, Main and Reynolds, JJ., concur.

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Bluebook (online)

46 A.D.2d 951, 361 N.Y.S.2d 757, 1974 N.Y. App. Div. LEXIS 3296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockburn-v-new-york-state-police-nyappdiv-1974.