Legal Opinion

Claim of Feldman v. National Transportation

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1958Published

1Opinion of the Court

Appeal by an employer and its insurance carrier from *1025a decision and award of the Workmen’s Compensation Board for death benefits. While working as a waiter, decedent suffered a heart attack and died upon the employer’s premises. He was then 68 years old. As his widow testified and the board found, he had been sick for 15 years as a result of a heart condition. His physician had advised him not to work “more than a day or two at most.” Customarily, he worked two days each week. He took medication regularly. “If he had to walk up steps or a half block, he would take a pill in his mouth to…

2Cases cited4 opinions

  1. Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
  2. Claim of Gioia v. A. J. Courtmel Co.Appellate Division of the Supreme Court of the State of New York · 1953
  3. Claim of Sleator v. National City BankNew York Court of Appeals · 1955
  4. Claim of Sleator v. National City BankAppellate Division of the Supreme Court of the State of New York · 1955

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