From Casetext: Smarter Legal Research

Matter of Quill v. Transport Workers Union

Appellate Division of the Supreme Court of New York, Third Department
Nov 5, 1970
35 A.D.2d 860 (N.Y. App. Div. 1970)

Opinion

November 5, 1970


Appeal from a decision of the Workmen's Compensation Board, filed July 28, 1969. The board determined that the "experience of the decedent on January 28, 1966 imposed upon him great emotional stress and strain, far in excess of the usual wear and tear of life, that it resulted almost immediately in a ventricular fibrillation culminating in his demise, that said work activity and fatal fibrillation constitutes an accidental injury within the meaning of the Workmen's Compensation Law." On the record that finding has substantial evidence to support it "within the principle that an injury caused by emotional stress or strain may be found to be accidental within the purview of the Workmen's Compensation Law". ( Matter of Eckhaus v. Adeck Stores, 11 N.Y.2d 862; Matter of Klimas v. Trans Caribbean Airways, 10 N.Y.2d 209.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.


Summaries of

Matter of Quill v. Transport Workers Union

Appellate Division of the Supreme Court of New York, Third Department
Nov 5, 1970
35 A.D.2d 860 (N.Y. App. Div. 1970)
Case details for

Matter of Quill v. Transport Workers Union

Case Details

Full title:In the Matter of the Claim of SHIRLEY QUILL, Respondent, v. TRANSPORT…

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

Date published: Nov 5, 1970

Citations

35 A.D.2d 860 (N.Y. App. Div. 1970)

Citing Cases

Matter of Strauss v. Freiheit

To a man thus impaired, if the actual work done is found to have precipitated the cardiac event which in turn…

Matter of Bernsley v. Telemarine Comm

There is substantial evidence to support the board's finding that the problems over the vault tax arose out…