Opinion
June 13, 1952.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Decedent was employed as a dishwasher and counterman. Decedent alleged that he dropped a garbage can on the great toe of his left foot in the course of his employment. Gangrene developed and incipient Berger's disease. Following an operation he died as a result of pulmonary embolism. Upon a previous appeal this court has held, upon the same evidence, that the death was causally connected. ( Matter of Plucinski v. Rores Luncheonette, 277 App. Div. 803. ) The board has now made a finding of accident and causal connection. The record contains sufficient evidence to support the findings. Award unanimously affirmed, with costs to the Workmen's Compensation Board.