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MATTER OF GROVINE v. E. W. EDWARDS & SON

37 A.D.2d 647 (1971)

In the Matter of the Claim of Dorothy Grovine, Respondent, v. E. W. Edwards & Son et al., Appellants. Workmen's Compensation Board, Respondent

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

June 24, 1971

A finding of accident is not precluded because there is present an underlying arteriosclerotic heart condition. (Matter of Cavage v. Spaulding Fibre Co., 35 A.D.2d 862.) The question of whether or not an activity constitutes strain greater than the ordinary wear and tear of life is an issue of fact for the board, as is also the resolution of conflicting medical testimony. Since there is substantial evidence supporting the board's...

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