MTR. OF FRAGALE v. ARMORY MAINT.


24 A.D.2d 302 (1966)

In the Matter of the Claim of Mary Fragale, Respondent, v. Armory Maintenance et al., Appellants. Workmen's Compensation Board, Respondent

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

January 5, 1966.


Attorney(s) appearing for the Case

Joseph M. Soviero and Bernard F. Farley for appellants.

Louis J. Lefkowitz, Attorney-General (David Belson and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Isaacson, Robustelli & Fox for claimant-respondent.

TAYLOR, AULISI and HAMM, JJ., concur with GIBSON, P. J.; REYNOLDS, J., dissents and votes to reverse, in an opinion.


GIBSON, P. J.

Appeal is taken by an employer and its insurance carrier from a decision of the Workmen's Compensation Board which awarded benefits on account of the death of an employee due to a heart attack, caused by "a severe commotion to the chest", as evidenced by fractures of four left ribs and by hemorrhages, all as demonstrated on autopsy; this in the words of claimant's medical expert, whose opinion of...

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