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  5. 16 A.D.2d 718 (1962)
 

MATTER OF MILLER v. F & M SCHAEFER BREWING CO.

16 A.D.2d 718 (1962)

In the Matter of the Claim of Helen Miller, Respondent, v. F & M Schaefer Brewing Company et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

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

April 13, 1962

The main issue raised on appeal is whether the board properly determined that the physical effort expended by decedent shortly before his death from a myocardial infarction entailed greater exertion than the ordinary wear and tear of life and thus could constitute an accident within the meaning of the Workmen's Compensation Law (Matter of Burris v. Lewis, 2 N.Y.2d 323, 326). The record indicates that on the day of his death decedent...

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