Opinion
May 5, 1943.
An award was made by the referee to claimant who suffered a coronary attack followed by angina pectoris while shoveling sand into a truck about six feet high. The award was rescinded by the Industrial Board upon the authority of Matter of LaFountain v. LaFountain ( 284 N.Y. 729). The import of that decision as popularly understood has been modified by Matter of Bohm v. L.R.S. B. Realty Co., Inc. ( 264 App. Div. 962, affd. 289 N.Y. 808) ; Matter of Ward v. Fifth Ave. Building Co. ( 264 App. Div. 797, leave to appeal denied, 289 N.Y. 854); Matter of McCormack v. Wood Harmon Warranty Corp. ( 288 N.Y. 614); Matter of Strong v. Lang Engine Garage Co. ( 263 App. Div. 103 2, leave to appeal denied, 288 N.Y. 739). Decision reversed and the matter remitted to the State Industrial Board for reconsideration and for the taking of additional proof if they are so advised. Hill, P.J., Crapser, Heffernan and Schenck, JJ., concur; Bliss, J., taking no part. [See post, p. 885.]