Opinion
May 15, 1967
Appeal by the employer and its insurance carrier from decision of the Workmen's Compensation Board which awarded death benefits. Decedent, 51 years of age, was employed as the superintendent of a large apartment building. On February 17, 1964 he left his own apartment at approximately 8:30 A.M. to work on a vacant apartment which was being readied for a new tenant. Decedent obtained tools, talked to the porter and other workmen in the apartment and then began to fix a light. He placed a five or six foot step ladder under the light, climbed up some steps and apparently was checking the wiring of the fixture to determine why the light would not work. While he was thus occupied, the prospective tenant talked to him for approximately five minutes and she testified he was working "stretching up, you know, working there to check wires, I believe." Decedent complained of not feeling well, climbed off the ladder and went outside to sit on the stairs in the hall. The tenant went for his wife and when they returned at approximately 10:30 A.M. he was dead. No autopsy was performed and death was attributed to occlusive coronary artery heart disease. Dr. Gechman, testifying on claimant's behalf, stated that the unusual exertion of fixing a light in an awkward and precarious position on the ladder precipitated the fatal attack and thus we find substantial medical evidence in support of the panel majority's conclusion that work strenuous and greater than the ordinary wear and tear of life caused the death and constituted an industrial accident. Where such an accidental occurrence is found on the basis of substantial evidence it is no bar to recovery that the decedent's underlying physical condition may have contributed to the occurrence ( Matter of Schechter v. State Ins. Fund, 6 N.Y.2d 506, 510; and for exertion of overhead work, see Matter of Cronberg v. Lenman Holding Corp., 17 A.D.2d 885; Matter of Cuvelier v. Fairbanks Walvoord, 6 A.D.2d 920; Matter of Carr v. Sturdy Built Homes, 6 A.D.2d 914; Matter of Ruby v. Lustig, 274 App. Div. 954, affd. 299 N.Y. 759). Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Aulisi, J.