MATTER OF HOLLY v. QUEENSBORO CORP.


9 A.D.2d 819 (1959)

In the Matter of the Claim of Charles Holly, Respondent, v. Queensboro Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

November 13, 1959


Claimant's proof of accident is that on the day of his heart attack he moved eight barrels of ashes, each weighing 120 to 130 pounds, by rolling them to a flight of stairs and then lifting them up eight steps. Although this was the regular work of the claimant, it amounted to strenuous physical exertion; it was immediately associated with heart symptoms; and there is adequate medical proof that it precipitated claimant's disabling heart attack. These facts permit the board...

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