Opinion
May 1, 1967
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which awarded death benefits. Decedent, Michael Genoino, was a 37-year-old truck driver who had worked for the employer for approximately eight years. Drivers would pick up their run at the warehouse and find out where their trucks were located. They would then back their tractor to the previously loaded trailer and hook up. The loaded trailer rested on dolly wheels which after hookup the driver would crank manually out of the way. On the morning of February 11, 1963, decedent hooked up his trailer which had been loaded the Friday before and had been parked outside all week end. The weather had been very cold and the cranking operation was "tough" that morning, as decedent and a co-worker engaged in the same operation each remarked at the time, because the grease in the gear box of the crank became very thick in the cold. Decedent was seen turning up his dolly wheels, he turned white for a minute, put his hand over his chest and complained of an inability to catch his breath. There is no evidence of any prior symptoms or complaints and decedent left on his run. Approximately one hour after this activity he was found collapsed outside of a fire house where he apparently had left his truck to obtain help. The cause of death was given as acute cardiac failure due to occlusive coronary artery disease. The board found on abundant medical evidence that the strenuous effort of hooking up decedent's trailer on the cold morning precipitated the actute cardiac failure and constituted a causally related industrial accident. Appellants contend that the findings are not supported by substantial evidence. The shortened record before us contains evidence of decedent's work activity as summarized above and extensive medical testimony with the familiar divergence as to the effect of the described activities upon pre-existing coronary artery disease. The board's determinations are factual ones and are supported by substantial evidence including the opinion of an impartial specialist to whom the case was referred (see Matter of Dodson v. Vanecek Son, 24 A.D.2d 787 and cases cited therein). Decision affirmed, with one bill of costs to respondents filing briefs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.