MATTER OF BARRY v. ARTHUR J. BARRY, INC.


282 A.D. 1088 (1953)

In the Matter of the Claim of Joella E. Barry, on Behalf of Herself and Kathleen Barry and Others, Infants, Respondent, v. Arthur J. Barry, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 8, 1953.


Decedent underwent a hernia operation which was concededly made necessary by an occupational injury. The only question is whether his death was due to a blood clot as a result of the operation or whether it was due to coronary thrombosis unrelated to the operation. While the medical evidence was in conflict, there was ample evidence to support the board's finding that the decedent died of a pulmonary embolism which was due to the operation.

Decision and award unanimously...

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