Legal Opinion

Claim of McCormick v. Green Bus Lines, Inc.

New York Court of Appeals

Decided November 17, 1971PublishedCited by 35 opinions

1Opinion of the CourtBergan, J.

The Workmen’s Compensation Board has found that claimant’s deceased husband “ performed strenuous work ” as a bus driver on July 17, 1964 which “ precipitated an irreversible type of cardiac failure” and that there was causal *248relation between this work effort and his death three days later.

The question now is whether the record shows substantial evidence in support of this finding. The Appellate Division was of opinion there was not sufficient evidence of performance of “strenuous work” greater than the exertion incident to “the ordinary wear and tear of life ”, a phrase derived from Matter…

2Cases cited1 opinion

  1. Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950

3Cited by35 opinions

  1. Johannesen v. New York City Department of Housing Preservation & DevelopmentNew York Court of Appeals · 1994
  2. Claim of Currie v. Town of DavenportNew York Court of Appeals · 1975
  3. Claim of Lagona v. Starpoint Central SchoolAppellate Division of the Supreme Court of the State of New York · 1975
  4. Matter of Kilcullen v. AFCO/Avports Management LLCAppellate Division of the Supreme Court of the State of New York · 2016
  5. Claim of Levitan v. American Society for TechniconAppellate Division of the Supreme Court of the State of New York · 1985

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