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Matter of Carlin v. Colgate Aircraft Corporation

Appellate Division of the Supreme Court of New York, Third Department
Dec 29, 1949
276 App. Div. 881 (N.Y. App. Div. 1949)

Opinion

December 29, 1949.

Appeal from Workmen's Compensation Board.


Claimant was an inspector in an airplane plant. His work involved carrying metal "ribs", weighing about thirty pounds, a distance of thirty to forty feet for inspection. There were some seventy-three to seventy-five inspections a day. In the course of this work he experienced a pain in the chest. Resting a short time, he continued his work the remainder of that day and the following day at his home suffered an attack of coronary thrombosis. The work done by claimant had about a month earlier been changed so that fewer men were doing the same volume of inspections which increased claimant's physical effort. His continuance of work involving physical exertion after he suffered an attack in the course of employment is a sufficient identification of the event in time and circumstance, to constitute an accident where it is followed soon after by a serious coronary condition and both are associated by medical opinion. The facts are rather close to those considered in Matter of Weitz v. Schreiber Brewing Co. ( 275 App. Div. 973) where a similar chain of events was treated as an accident. Decision and award affirmed, with costs to the Workmen's Compensation Board. Foster, P.J., Heffernan and Bergan, JJ., concur; Brewster and Deyo, JJ., dissent, on the authority of Matter of Masse v. Robinson Co. ( 275 App. Div. 976).


Summaries of

Matter of Carlin v. Colgate Aircraft Corporation

Appellate Division of the Supreme Court of New York, Third Department
Dec 29, 1949
276 App. Div. 881 (N.Y. App. Div. 1949)
Case details for

Matter of Carlin v. Colgate Aircraft Corporation

Case Details

Full title:In the Matter of the Claim of RAYMOND CARLIN, Respondent, against COLGATE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 29, 1949

Citations

276 App. Div. 881 (N.Y. App. Div. 1949)

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