Opinion
June 20, 1967
Appeal by the claimant from a decision of the Workmen's Compensation Board denying benefits. It appears that the claimant's husband suffered a fatal heart attack while talking on the telephone in relation to a business matter. The claimant proceeded on the theory that the decedent had been under anxiety and stress in running the respondent-business and that the telephone call was particularly agitating as it was from another business man who had very recently been attempting to purchase the husband's business and had been attempting to lure the customers of the business away from it. If the board had found in favor of the claimant this court would, no doubt, affirm, but it is not our province to weigh the evidence and there is an abundance of evidence in the present record to sustain the board's decision that "the work activities of the deceased did not contribute to the death". Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.