[Download] "Matter Claim Leona Gallagher v. County Oswego Et Al." by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Leona Gallagher v. County Oswego Et Al.
- Author : Supreme Court of New York
- Release Date : January 16, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Appeal by claimant from a decision of the Workmen's Compensation Board disallowing a claim for death benefits. The decedent was employed as County Attorney of the employer county for many years prior to his retirement on March 21, 1951, following which he acted as counsel to the Acting County Attorney, his status becoming that of independent contractor, or so the parties have stipulated. The only medical opinion evidence of causal relation was, first, the report of the attending physician attributing death on December 25, 1951 from coronary occlusion to decedent's ""overexertion"" in his work and specifying ""Date of accident"" as ""several collapses from 1945 to 1951""; and, second, the testimony of a cardiologist that decedent's ""work"" and certain ""episodes"" commencing in 1948 and following such activities as climbing a flight of stairs to a second-floor office and obtaining books from high shelves ""shortened"" decedent's life; and that the ""stress of activity did precipitate"" the result, other factors such as arteriosclerosis and emphysema contributing; but on cross-examination he agreed that no ""one accident or any one event"" precipitated ""this heart episode"" and that it was ""possible"" that the number of stresses and strains that decedent went through over a period of years in his public position, in his separate law practice and in his private life accelerated his degenerative diseases and as precipitating factors would be ""part of the picture"". Upon the entire record we are not able to disturb the board's evaluation of the testimony or its finding ""that the evidence fails to establish that decedent sustained an accidental injury within the meaning of the Workmen's Compensation Law."" Disposition Decision affirmed, without costs.