MATTER OF ALPERIN v. GREAT ATL. & PAC. TEA CO., INC.


72 A.D.2d 638 (1979)

In the Matter of the Claim of Julius J. Alperin, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

October 18, 1979


The appellants have prosecuted this appeal upon a shortened record, but it appears to be essentially undisputed that the claimant sustained an accidental injury on March 12, 1971 because of the aggravation of a pre-existing heart defect caused by a damaged aortic valve. The appellants contend that the record does not contain any substantial evidence to support the conclusion of the board that the subsequent operation upon claimant for the replacement of the defective aortic...

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