Claim of Klimas v. Trans Caribbean Airways, Inc.

Chief Judge Desmond (dissenting).

This is an unprecedented decision. I have not found anywhere a holding by a New York appellate court that anxiety and worry associated with employment constitute without more an accidental injury justifying an award of workmen’s compensation because the injury and anxiety has caused physical deterioration. Not only is there no precedent for sustaining this award, but in the strikingly similar case of Matter of Lesnik v. National Carloading Corp. (285 App. Div. 649, affid. 309 N. Y. 958) we held as did the Appellate Division that a heart attack found to have…