MATTER OF O'BRIEN v. LONG ISLAND STATE PARKWAY COMM'N


13 A.D.2d 855 (1961)

In the Matter of the Claim of Philomena O'Brien, Respondent, v. Long Island State Parkway Commission et al., Appellants. Workmen's Compensation Board, Respondent

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

May 9, 1961


The board found that the exertion expended by decedent, in the course of his employment as a highway patrolman, in helping a woman motorist change a tire "contributed to the development of a myocardial infarction and to death"; and that the hearsay evidence of the work and the exertion, consisting of decedent's statements to his physician and to a retired sergeant of police, was "corroborated by the fact that the activity described was in the scope of his duties, by the circumstance...

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