Burriesci v. Gristede Bros.

• Decision Date: 11 October 1979
• Citation: 420 N.Y.S.2d 794,72 A.D.2d 619
• Parties: In the Matter of the Claim of Anthony BURRIESCI, Appellant, v. GRISTEDE BROTHERS et al., Respondents. Workers' Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 794

420 N.Y.S.2d 794

72 A.D.2d 619

In the Matter of the Claim of Anthony BURRIESCI, Appellant, v. GRISTEDE BROTHERS et al., Respondents Workers' Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department.

Oct. 11, 1979.

Bloch & Curran, New York City (Stowell, Taylor & Kelly by William Taylor, White Plains, of counsel), for appellant.

Joseph F. Manes, Croton-on-Hudson, for respondents.

Before SWEENEY, J. P., and KANE, STALEY, MAIN and HERLIHY, JJ.

MEMORANDUM DECISION.

Appeal from decisions of the Workers' Compensation Board, filed March 10, 1977 and November 28, 1977, finding that claimant did not sustain an accident within the meaning of the Workers' Compensation Law, and that claimant's disability was related to the investigation of his possible misconduct and the commission of a purely personal act.

Claimant, 62 years of age, was employed as a manager of a Gristede Brothers sandwich shop. On November 2, 1975, he was involved in an incident with a female cashier. She accused him of hugging, kissing and molesting her. The cashier reported the incident, and, later that day, claimant's superior undertook an investigation and interviewed claimant. Claimant denied he had done anything wrong, but did admit that he had hugged and kissed the girl. He was summarily suspended from work for two days after which he was reinstated.

On November 24, 1975, claimant was questioned by Mr. Thompson, the Industrial Manager of the employer. On December 5, 1975, claimant was further questioned at length by Mr. Thompson and claimant's supervisor. Claimant was informed that the employer had called the police precinct and determined that a complaint had been filed against him, and that the union to which the cashier belonged was conducting its own investigation. He was also told that the family of the girl, one of whom was a police officer, had let it be known that his life was at stake, and that the family wanted him killed.

Claimant states that he sustained a depressive mental reaction by reason of the accusation made by the management.

Claimant consulted a Dr. Buffa, a psychiatrist, who hospitalized him on December 13, 1975. At the hospital, claimant was found to have an abdominal aortic aneurysm. Both Dr. Buffa and Dr. Arbuse, psychiatrists for the claimant and carrier, respectively, agreed that the precipitating cause of claimant's emotional illness was the series of events following the episode of November 2, 1975.

The...