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MATTER OF ROGGIA v. TOWN OF BLOOMING GROVE

74 A.D.2d 666 (1980)

In the Matter of the Claim of Victor A. Roggia, Respondent, v. Town of Blooming Grove et al., Appellants. Workers' Compensation Board, Respondent

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

February 7, 1980

In its earlier decision, which was filed on August 15, 1978 and upon which the award of compensation benefits was based, the majority of the board found: "based on the testimony of Dr. Garner and Dr. Davachi and the claimant's testimony * * * claimant's argument on August 31, 1976 aggravated a pre-existing heart condition resulting in a myocardial infarction arising out of and in the course of his employment." Substantial evidence supports this determination of the board...

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