MATTER OF KAYSER v. ERIE COUNTY HIGHWAY DEP'T


276 A.D. 789 (1949)

In the Matter of the Claim of Mrs. Erna Kayser, Respondent, v. Erie County Highway Department et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


The deceased was employed as a laborer for the Erie County Highway Department. While at work raking slag he suffered an attack and died from a ruptured aorta. The work he was then doing was his usual work, but there is medical testimony that the effort of that work on that day precipitated the rupture of the aorta which caused his death. The case is similar to one where the usual effort of employment causes a failure in a previously weakened body structure, as where a poorly...

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