Opinion
March 4, 1971
Appeal from a decision of the Workmen's Compensation Board, filed December 4, 1969, which discharged the Special Disability Fund from liability under subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. Decedent, a security guard, died as a result of an acute coronary occlusion suffered after pursuing and struggling with a shoplifter. The uncontradicted medical evidence indicates that death was causally related to a condition of pre-existing hypertension. The board found that the employer did not arrive at an opinion prior to the fatal accident that deceased had a permanent physical impairment. Decision affirmed, with costs to the Special Disability Fund. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.