Schempp v. City of New York

The questions presented by this appeal are (1) whether the judgment herein arose out of a third-party action within the meaning of section 29 of the Workmen’s Compensation Law, and (2) -the lien, if any, of the Special Disability Fund, established under subdivision 8 of section 15 of the said statute.

Decedent was employed by United Parcel Service as a driver’s helper. On October 3, 1958 decedent’s truck stalled. Decedent pushed the stalled truck. An acute myocardial infarction fol*131lowed. He died October 4, 1958 at a hospital of the defendant City of New York. Plaintiff instituted this action…