MATTER OF STURM v. BERNIE'S EXPRESS


17 A.D.2d 879 (1962)

In the Matter of the Claim of Jack Sturm, Respondent, v. Bernie's Express et al., Appellants. Workmen's Compensation Board, Respondent

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

October 31, 1962


The appellants in their brief minimize the testimony of the claimant's physician, but it was the carrier's doctor who stated that the claimant suffered from a "very small infarction": and that the final diagnosis at the hospital was "myocardial infarction". While the issue of causal relation was in sharp conflict, which is not unusual in this type of case, the evidence was sufficient to give the board the right of election and which they have determined in favor of the claimant...

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