(DOWNLOAD) "Matter Claim Concetta Caruso v. D. W. Winkelman Co." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Concetta Caruso v. D. W. Winkelman Co.
- Author : Supreme Court of New York
- Release Date : January 29, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed December 11, 1969. The award of benefits by the board is not supported by substantial evidence. The sole evidence of causal connection between the myocardial infarction and the employment was the testimony of Dr. LaBelle. This testimony was based upon an assumption that the infarction commenced while the employee was engaged in somewhat strenuous work. As a matter of fact, the record establishes that the infarction did not commence until several hours after the assumed strenuous work activity was completed. There is nothing to indicate that the infarction could have commenced prior to the time of the employee's actual complaints and it is established that he was not performing any strenuous or unusual work activity either at that time or near that time. The record does not contain any premise for a causal connection with the employment. Disposition Decision reversed and matter remitted, with costs to appellants against the Workmen's Compensation Board.
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