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JULIAN v. N.Y. TEL. CO.

64 A.D.2d 336 (1978)

In the Matter of the Claim of Francis D. Julian, Respondent, v. New York Telephone Company, Appellant. Workers' Compensation Board, Respondent

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

November 9, 1978

Attorney(s) appearing for the Case

George E. Ashley (A. Anthony Kelsey of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jorge J. Gomez and Daniel Polansky of counsel), for Workers' Compensation Board, respondent.

KANE, J. P., and MAIN, J., concur with LARKIN, J.; MIKOLL and HERLIHY, JJ., dissent and vote to affirm in an opinion by HERLIHY, J.

LARKIN, J.

On July 13, 1971, claimant, a service foreman, went on a service call with another foreman on the eve of a threatened union work stoppage. While helping to pull wires up a hill, the claimant alleged that he felt pain in his chest. Thereafter, he reported his problem to the telephone company's medical department. On the following day, when the strike went into effect, claimant was assigned security...

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