From Casetext: Smarter Legal Research

Matter of Sokenis v. Herman Star Bakery

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 872 (N.Y. App. Div. 1971)

Opinion

April 19, 1971


Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board filed April 24, 1970, as amended on July 1, 1970 and September 1, 1970, which granted death benefits to the claimant. The decedent died on February 28, 1968 while in the course of his employment as a wholesale bakery route salesman. The board in its final amended decision stated: "The Board finds that the decedent's work activities on Feb. 27, 1968 and Feb. 28, 1968, which involved loading and unloading bags and boxes weighing from 6 to 50 lbs. each and totaling approximately 1700 lbs., constituted a cumulative work effort and exertion which was strenuous and arduous beyond the ordinary wear and tear of life and resulted in the fatal heart attack." The record contains substantial evidence to support the board's findings as to the nature of the employment and that the work constituted effort exceeding the ordinary wear and tear of life. The medical evidence submitted on behalf of the parties to the claim presented a question of fact for the board as to causation. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.


Summaries of

Matter of Sokenis v. Herman Star Bakery

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 872 (N.Y. App. Div. 1971)
Case details for

Matter of Sokenis v. Herman Star Bakery

Case Details

Full title:In the Matter of the Claim of CLARA P. SOKENIS, Respondent, v. HERMAN STAR…

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

Date published: Apr 19, 1971

Citations

36 A.D.2d 872 (N.Y. App. Div. 1971)