Opinion
November 28, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
Appeal from an award of death benefits to the widow of a deceased employee. The decedent was a truck driver, and the proof indicates that he was in very poor condition physically. On January 29, 1938, he was struck in the left leg by a falling typewriter case. Thereafter he developed recurrent attacks of severe erysipelas of the lower left leg. There is medical testimony to indicate that these attacks of erysipelas eventually developed a condition of toxemia which affected the heart and eventually caused his death on December 22, 1945. There is direct medical testimony to connect his death with the happening of the accident. Appellant contends that this evidence is incredible and should be rejected as a matter of law. We are of the opinion that nothing but an issue of fact is presented and that we may not disturb the finding of the board thereon. Award unanimously affirmed, with costs to the Workmen's Compensation Board.