MATTER OF MARMORALE v. LONG HORN REST.


57 A.D.2d 978 (1977)

In the Matter of the Claim of Rose Marmorale, Respondent, v. Long Horn Restaurant 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.

May 5, 1977


The issue before the board was whether or not the appellants had established that death would not have occurred from acute cardiac failure on February 22, 1972 if it had not been for pre-existing diabetes. The record established that prior to his initial coronary injury on October 22, 1966 the decedent was afflicted with diabetes. However, there is no substantial evidence that the condition was not controlled by medication and the testimony of the appellants' medical expert...

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