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Matter of Kristiansen v. McWilliams

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 1949
275 App. Div. 1009 (N.Y. App. Div. 1949)

Opinion

September 28, 1949.

Appeal from Workmen's Compensation Board.


While in the course of his employment of cutting out wooden wedges by the operation of a power buzz saw, decedent collapsed. The undisputed medical proofs are that his death was due to a coronary occlusion. The findings as to any causal connection between any accidental injury which arose out of and in the course of the employment and the cause of death are without evidentiary support. Decision and award reversed, on the law, and claim dismissed, with costs to appellants against the Workmen's Compensation Board. Brewster, Santry and Bergan, JJ., concur; Foster, P.J., concurs for reversal but not for a dismissal of the claim. I think in the interests of justice the claim should be remitted to the Workmen's Compensation Board for additional proof; Heffernan, J., dissents, and votes to affirm.


Summaries of

Matter of Kristiansen v. McWilliams

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 1949
275 App. Div. 1009 (N.Y. App. Div. 1949)
Case details for

Matter of Kristiansen v. McWilliams

Case Details

Full title:In the Matter of the Claim of ANNE KRISTIANSEN, Respondent, against FRANK…

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

Date published: Sep 28, 1949

Citations

275 App. Div. 1009 (N.Y. App. Div. 1949)