(DOWNLOAD) "Matter Claim Max Perle v. Industrial Plants Corp. Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Max Perle v. Industrial Plants Corp. Et Al.
- Author : Supreme Court of New York
- Release Date : January 13, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appeal by the claimant-appellant from a decision of the Workmen's Compensation Board that there was no accident arising out
of and in the course of his employment. Claimant had been doing the same type of work for 25 years. His title was filed manager
and when his employer was to sell or liquidate a plant or business, he would go to the location, hire a crew of men to ready
the premises for the sale or liquidation. Claimant did very little actual physical work. On September 22, 1956 he was in the
City of Detroit preparing for such an event and testified that he felt ill, left the location went to his hotel and later
upon examination by a doctor, his condition went to his hotel and later upon examination by a doctor, his concerning events
in which he said there was "a lot of aggravation on the job". Later he testified he had "a terrible argument with one of the
colored boys". At the hearing it appeared that on March 12, 1956 - six months prior to the alleged accident - he went to a
doctor complaining of precardial pains which had incapacitated him since February 23. His condition at that time was diagnosed
as "hypotensive and coronary insufficiency" and he did no work until May 9, the last time he was seen by the doctor. The record
includes medical testimony as to the prior physical condition of the claimant, the occurrence on September 22, medical opinions
as to the consequence of an argument as related to the claimant, which was controverted by the doctors for the respective
parties. All of the testimony, the credibility of the claimant, the determination of no accident on September 22 and that
the pre-existing condition was solely the cause of the coronary occlusion wer factual findings supported by substantial testimony
and exclusively within the province of the board. Decision unanimously affirmed, without costs. Present - Bergan, J.P., Coon,
Gibson, Herlihy and Reynolds, JJ.