Legal Opinion

Claim of Spear v. Brockway Motor Co.

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

Decided November 13, 1959PublishedCited by 2 opinions

1Opinion of the Court

Appeal by an employer and its insurance carrier from an award of disability and death benefits made by the Workmen’s Compensation Board to the widow of a deceased employee. Appellants have conceded the original accident, notice and causal relationship, which were incidental to the operational repair of a recurrent hernia on April 15, 1953. The only issue on appeal is whether the board had substantial evidence to support a finding that the hernia operation so aggravated decedent’s heart condition so as to contribute to the cause of his death. There is substantial medical testimony *800to the…

2Cases cited1 opinion

  1. Claim of Tucillo v. Ward Banking Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by2 opinions

  1. Allstate Insurance v. Industrial CommissionCourt of Appeals of Arizona · 1980
  2. Sherman v. Peoples Water & Gas Co.Supreme Court of Florida · 1962

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