MATTER OF MISITA v. WILLIAMS GROCERIES & MEATS FAIR, INC.


59 A.D.2d 816 (1977)

In the Matter of the Claim of Irma Misita, Respondent, v. Williams Groceries and Meats Fair, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

October 27, 1977


On February 29, 1968 the decedent, then 54 years old, five feet nine inches tall and weighing 265 pounds, collapsed and died in the course of his employment. Although no autopsy was performed, claimant's medical witness and appellants' doctor each gave his opinion that death was caused by ventricular arrythmia and arteriosclerotic heart disease. Since proof was not taken until March, 1974, some six years after the death, no witness was able to

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