MATTER OF O'SHAUGHNESSY v. TROY ENG'G CO.


285 A.D. 913 (1955)

In the Matter of the Claim of Amelia O'Shaughnessy, Respondent, v. Troy Engineering Company et al., Appellants. Workmen's Compensation Board, Respondent

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

February 3, 1955.


The only question is whether the employer and carrier are entitled to reimbursement under that section. Deceased employee was a plumber, and while engaged in pulling on a wrench under great pressure, the wrench slipped, striking decedent in the stomach and causing a rupture of a pre-existing gastric ulcer, which resulted in his death the following day. It is unquestioned that the accidental injury superimposed upon his previous condition, caused the death. However, this fact...

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