Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

MATTER CLAIM ANTHONY C. MODERELLI v. EASTERN GREYHOUND LINES ET AL. (04/29/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


April 29, 1968

IN THE MATTER OF THE CLAIM OF ANTHONY C. MODERELLI, APPELLANT,
v.
EASTERN GREYHOUND LINES ET AL., RESPONDENTS. WORKMEN'S COMPENSATION BOARD, RESPONDENT

Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum decision by Reynolds, J.

Author: Reynolds

Appeal by the claimant from a decision of the Workmen's Compensation Board disallowing his claim for benefits on the ground that there was no causal relationship established between his work activities on November 29, 1963 and a myocardial infarction he sustained. Claimant, a bus driver, advanced medical evidence that a myocardial infarction, which he admittedly sustained, was precipitated by an argument with a passenger and by fright resulting from a skidding incident involving his bus shortly thereafter. The respondents, however, produced competent medical testimony that the infarction was the result of a pre-existing arteriosclerosis condition and that the work activities involved did not contribute to the infarction. The board in its capacity as the arbiter of factual disputes could clearly adopt the medical testimony produced by the respondents (e.g., Matter of Palermo v. Gallucci & Sons, 5 N.Y.2d 529). Accordingly, we find no basis to disturb the board's determination and it must be affirmed.

Disposition

Decision affirmed, without costs.

19680429

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.