Opinion · Nylaw New York

MATTER OF BOHM v. L.R.S. B. REALTY CO., INC., 264 App. Div. 962 (1942)

In the Matter of Claim of HENRY BOHM, Respondent, against L.R.S. B.REALTY CO., INC., & the AETNA Cas. Sur. CO., Appellants.STATE Indus. Bd., Respondent., 264 A.D. 962 (Appellate Division of the Supreme Court of New York, Third Department. 1942)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1942-09-23
Topic: general

MATTER OF BOHM v. L.R.S. B. REALTY CO., INC., 264 App. Div. 962 (1942) In the Matter of the Claim of HENRY BOHM, Respondent, against L.R.S.

Citator

UpLaw has not yet analyzed MATTER OF BOHM v. L.R.S. B. REALTY CO., INC., 264 App. Div. 962 (1942). The absence of a flag is not a finding that it is good law.

MATTER OF BOHM v. L.R.S. B. REALTY CO., INC.,264 App. Div. 962(1942)

In the Matter of the Claim of HENRY BOHM, Respondent, against L.R.S. B.

REALTY CO., INC., and the AETNA CASUALTY SURETY CO., Appellants.

STATE INDUSTRIAL BOARD, Respondent.

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

September 23, 1942.

The carrier and employer appeal from an award of compensation. The sole issue involved is whether claimant sustained an accidental injury. He was employed as a helper or assistant janitor in an apartment house, and a part of his duties was to fire a boiler to keep steam up. At the time of the alleged accident he had thrown about a dozen shovelfuls of coal into the furnace. Each shovelful weighed between thirty-five and forty pounds. As he was withdrawing the shovel the last time he fell to the floor and was unable to rise. His injury was later diagnosed as subarachnoid hemorrhage of the brain. There is medical testimony to sustain a finding that the rupture of a blood vessel in claimant's brain was due to the extreme exertion he was engaged in. A question of fact was presented as to whether claimant's injury was accidental. The State IndustrialPage 963Board have so found and nothing is presented which requires us to reverse as a matter of law. Award affirmed with costs to the State Industrial Board. Hill, P.J., Heffernan, Schenck and Foster, JJ., concur; Crapser, J., dissents and votes to reverse the award and dismiss the claim on the ground that there is no proof of an accident.