Opinion
October 6, 1955.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
Decedent suffered a heart attack in the nature of a coronary insufficiency on March 2, 1948. In a claim for disability benefits this occurrence was held to be an industrial accident ( Matter of Parker v. United States Rubber Reclaiming Co., 281 App. Div. 723; motion for leave to appeal denied 305 N.Y. 563). Three years later decedent died. The board has found that his death was due to myocardial infarction, and was causally related to the accidental attack suffered by him on March 2, 1948. An award of death benefits was made to his widow and it is from that award that the employer here appeals. Appellant urges that the board's finding of causally related death is based upon a contradictory premise; that is to say the original injury in the nature of coronary insufficiency cannot be reconciled with the finding that decedent died of myocardial infarction. As we read the medical evidence in the record there was a fair question of fact as to this issue. Two physicians testified that in their opinion the first attack resulted in a pathological change in the heart muscles which was directly responsible for his death three years later. Award unanimously affirmed, with costs to the Workmen's Compensation Board.