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Matter of Esperance v. Church of St. Anthony Padua

Appellate Division of the Supreme Court of New York, Third Department
Jan 26, 1953
281 App. Div. 789 (N.Y. App. Div. 1953)

Opinion

January 26, 1953.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.


The evidence supported the conclusion that a pre-existing heart condition, from which the decedent had been suffering for many years, was aggravated by a fall on the stairs of the convent where the decedent lived and engaged in teaching, which fall resulted in a fracture of her hip. An operation was necessary for the correction of the hip fracture. There was testimony that the shock of the hip fracture and of the operation aggravated the decedent's heart condition to the point of causing her death. It was also proved that an electrocardiogram, taken a week after the accident, showed recent injury to the heart. The board's conclusion that there was a causal connection between the accident and the decedent's death was amply supported by the evidence. The medical testimony to the contrary was, at best, only sufficient to raise a question of fact upon which the board's decision is final. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Esperance v. Church of St. Anthony Padua

Appellate Division of the Supreme Court of New York, Third Department
Jan 26, 1953
281 App. Div. 789 (N.Y. App. Div. 1953)
Case details for

Matter of Esperance v. Church of St. Anthony Padua

Case Details

Full title:In the Matter of the Claim of MARY ESPERANCE, Respondent, against CHURCH…

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

Date published: Jan 26, 1953

Citations

281 App. Div. 789 (N.Y. App. Div. 1953)