Opinion
May 11, 1949.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
This is an appeal by an employer and its insurance carrier from an award granting death benefits to the widow of a deceased employee, John Pushkarowitz. The decedent had been employed as superintendent in the employer's building. On January 30, 1932, while working for his employer and while collecting garbage from a dumbwaiter shaft, he was struck on the head by a garbage pail which had dropped a distance of five floors. As a result of this accident he sustained severe injuries to his left eye which caused him to suffer a 60% loss of use of that member. Due to a previous accident which occurred in 1920 while decedent was working for another employer, he suffered a 40% permanent loss of use of the same eye. The decedent had lost the vision of his right eye as a result of a disease contracted during his infancy. The appellants contend that the award, if any, should be made against the special fund under section 25-a Work. Comp. of the Workmen's Compensation Law, and that the death of decedent by suicide was not causally related to the accident of January 30, 1932. The board found that due to the injuries of January 30, 1932, the decedent was caused to suffer from a depressive psychosis and that he attempted suicide by drinking one or two ounces of hydrochloric acid which caused his death on May 27, 1945. The board found that his death was due solely to the accidental injuries which he sustained and that the claim does not come within the provisions of section 25-a Work. Comp. of the Workmen's Compensation Law. The evidence sustains the findings. Award unanimously affirmed, with costs to the Workmen's Compensation Board, and with disbursements only to claimant.