Opinion
June 28, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
Decedent was a truck driver and helper employed by a brewery. His duties included loading a truck with cases of beer and delivering them to customers. The cases weighed from thirty-six to fifty pounds. While engaged in lifting cases and placing them on the truck, the employee felt a gnawing pain in his chest. He stopped and rested. He then resumed picking up and lifting cases on the truck. While driving the truck away from the brewery, he collapsed and died. The cause of death was coronary thrombosis. Substantial medical evidence attributes it to unusual exertion in performing the work. The work was the usual work of employee, but its continuance after his initial attack placed an unusual strain on the employee that day and in the opinion of a physician aggravated the condition. Findings of accidental causation or aggravation of circulatory conditions have been sustained in very similar situations. ( Matter of Bohm v. L.R.S. B. Realty Co., 289 N.Y. 808; Matter of Cooper v. Brunswick Cigar Co., 298 N.Y. 731.) Decision and award unanimously affirmed, with costs to Workmen's Compensation Board.