Opinion
June 20, 1967
Appeal by the claimant from a decision of the Workmen's Compensation Board which denied death benefits on the ground that the deceased employee did not sustain an accidental injury. Decedent was employed as a milk delivery truck driver. The truck unaccountably veered off to the right while decedent was operating it and struck a parked car with such impact as to cause the car to be pushed over the curb and to cause several of the milk cases to fall upon him. The board has found that the "cause of death was attributed to an acute myocardial infarction" and that "the car collision did not contribute in any way to the death and there is no causal relation between the death and the car collision." There is medical evidence in the record that there was no causal relation between the accident and his death. There is ample authority for the board's determination. The issue of causal relation was a factual question, the board's determination of which must be sustained. ( Matter of Unterberg v. New York State Dept. of Labor, 19 A.D.2d 668.) Decision affirmed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.