Summary
In Matter of Robbins v. Enterprise Oil Co. (252 App. Div. 904; affd., 278 N.Y. 611) the decedent contracted pneumonia as the result of being exposed to a draft while lying on the cement floor of a garage where he was employed, in the course of repairing an automobile.
Summary of this case from Matter of Lanphier v. Air Preheater Corp.Opinion
November 10, 1937.
Appeal from State Industrial Board.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
On December 29, 1936, Harry F. Robbins sustained injuries which resulted in his death. On that day he was engaged in his regular work in changing the gears in an automobile. This operation required from two and one-half to three hours during which time the deceased was required to lie on his back on the cement floor of the garage. The State Industrial Board found that while the deceased was so engaged he was subjected and exposed to a draft and as a result sustained a chill, became nauseated, vomited and ran a temperature, and that as a result he suffered lobar pneumonia from which he died on January 5, 1937. The Board also found that decedent's death was the result of accidental injuries sustained by him while performing the work already described. The Board also found that lobar pneumonia is characteristic of and incident to the work deceased was required to do. There is evidence to sustain the findings. Award unanimously affirmed, with costs to the State Industrial Board.