43 A.D.2d 641 | N.Y. App. Div. | 1973
Lead Opinion
Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board awarding the claimant death benefits. The board in this case has found that the decedent had sustained an accidental injury in the nature of an acute myocardial infarction on April 10, 1968 due to an emotional strain, and that his death on April 13, 1968 was causally related to his accidental injury. We fully recognize that in light of the Court of Appeals decisions in Matter of Snyder v. New York State Comm, for Human Nights (31 .N Y 2d 284); Matter of Schuren v. Wolfson (30 N Y 2d 90) and Matter of McCormick v. Green Bus Lines (29 N Y 2d 246) the test in cases such as the instant one is whether employment is shown td have produced a strain on the individual and there is sufficient medical proof to establish causal relationship between the strain and cardiac event (e.g., Matter of McKane v. Edson Structures, 43 A D 2d 663; Matter of Tilney v. Harrison & Abramowitz, 42 A D 2d 1049). Nevertheless, we cannot accept that compensation benefits should be awarded in the instant case. Briefly stated decedent became “emotionally upset” when his employer decided to divide his supervisory duties into two separate employments and hired a new man at $10,000 a year, whereas decedent was then receiving
Dissenting Opinion
(dissenting). We must respectfully dissent. The majority concedes that emotional stress alone can constitute sufficient basis for an award of compensation and that there was substantial medical evidence here establishing causal relationship between the emotional