MATTER OF CARUSO v. D. W. WINKELMAN CO., INC.


35 A.D.2d 1051 (1970)

In the Matter of the Claim of Concetta Caruso, Respondent, v. D. W. Winkelman Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 29, 1970


The award of benefits by the board is not supported by substantial evidence. The sole evidence of causal connection between the myocardial infarction and the employment was the testimony of Dr. LaBelle. This testimony was based upon an assumption that the infarction commenced while the employee was engaged in somewhat strenuous work. As a matter of fact, the record establishes that the infarction did not commence until several hours after the assumed strenuous work activity...

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