Opinion
March 16, 1949.
Appeal from Workmen's Compensation Board.
Upon conflicting testimony the board decided that the death was caused by an accidental injury which occurred in 1937, while the deceased was employed by the appellants, Newman. The accident happened while the deceased was lifting a heavy box of dough in a bakery resulting in damage to the heart. The evidence supports the decision of the board. In 1944 the deceased while working for another employer, the respondent Weber, felt a pain in his chest while lifting dough and thereafter suffered disablement from a heart condition. He filed a claim for compensation against Weber, claiming that the second lifting was an accidental injury which caused the subsequent disablement. This claim was rejected by the board which decided that there was no accidental injury. No appeal was taken from this decision. After the widow instituted the death claim the appellants made an application to reopen the Weber case. The application was denied. On the hearings in the death case the record in the Weber case was put in evidence. The decision in the Weber case and the refusal of the board to reopen that case are final and cannot be disturbed. Award in death case is affirmed and appellants' application to remit the Weber case for awards against respondents, Sophie Weber and Bakers Mutual Insurance Company, is denied, with costs to the respondents, Sophie Weber and Bakers Mutual Insurance Company. Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ., concur.