MATTER OF PASULLO v. CIVETTA CONSTR. CO.


42 A.D.2d 655 (1973)

In the Matter of the Claim of Carmella Pasullo, Respondent, v. Civetta Construction Co. et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

June 27, 1973


Claimant's deceased sustained injury on April 17, 1968 when a crane bucket fell on his left foot. His supervisor testified that, about a week before the accident, decedent told him that he had a heart condition. On the basis of this information, he assigned decedent to lighter duties. The board found "that the employer had no information upon which to arrive at an informal [sic] conclusion as to the nature of claimant's condition prior to the accidental injury. It...

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