MATTER OF RIEHL v. TOWN OF AMHERST


308 N.Y. 212 (1954)

In the Matter of the Claim of Rose Riehl, Respondent, v. Town of Amherst — Department of Highways et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Arthur J. Maloney and Percy R. Smith for appellants.

Nathaniel L. Goldstein, Attorney-General (Harry Pastor, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LEWIS, Ch. J., DESMOND, FULD and FROESSEL, JJ., concur with VAN VOORHIS, J.; CONWAY and DYE, JJ., dissent and vote to affirm upon the opinion of HALPERN, J., in the Appellate Division.


VAN VOORHIS, J.

Death benefits under the Workmen's Compensation Law have been awarded to the widow of Charles Riehl, who died from cancer May 1, 1951. No claim was made that his cancer was caused or aggravated by his employment, but the theory on which the award is based is that heart disease (chronic myocarditis) was a contributing cause of his death. For about ten years he had been receiving workmen's compensation...

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