Claim of Pellac v. Atlantic Beach Club

Mahoney, P. J., and Larkin, J.,

dissent and vote to reverse in the following memorandum by Larkin, J. Larkin, J. We respectfully dissent. The question presented by this appeal is whether this claim is barred by section 18 and/ or section 28 of the Workers’ Compensation Law. In 1963, while installing windows in a cabana on the premises of the employer with the assistance of his foreman, the claimant experienced sharp pains across his chest. After resting, claimant left for home where he remained for several days. He then consulted a physician who admitted him to a hospital. He was driven there…