Opinion
April 19, 1971
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board awarding claimant death benefits on the ground that there is no substantial evidence to support the board's decision that decedent's death from an intracerebral hemorrhage was causally related to and resulted from a work-connected vehicular accident in which he was concededly involved on October 19, 1965. The instant record presents no more than the usual conflict in medical testimony on the issue of causal relationship, and we find no basis to disturb the board's factual resolution of that dispute ( Matter of Palermo v. Gallucci Sons, 5 N.Y.2d 529; Matter of Seymour v. Sokolneck, 34 A.D.2d 1073). "An injury caused by emotional stress and strain without the presence of physical impact to the body may be found to be accidental within the purview of the Workmen's Compensation Law." ( Matter of Seymour v. Sokolneck, supra, p. 1074.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.