MATTER OF MARCHIGIANI v. L. J. THORNTON, INC.


45 A.D.2d 788 (1974)

In the Matter of Margaret Marchigiani, Appellant, v. L. J. Thornton, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

June 25, 1974


Claimant's deceased husband was a backhoe operator with a history of several prior heart attacks. He collapsed and died while operating his machine digging holes for guard rail anchor posts along a new highway. Claimant contends the medical evidence produced by the carrier and the impartial specialist was based on the erroneous assumption that the work performed by decedent at the time of his death did not require considerable physical exertion and was not strenuous. This...

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