Carpino v. Treasure Chest Restaurant

Decision Date13 December 1984
PartiesIn the Matter of the Claim of Joan CARPINO, Respondent, v. TREASURE CHEST RESTAURANT et al., Appellants. Workers' Compensation Board, Respondent.
CourtNew York Supreme Court — Appellate Division

Gerard A. Navagh, New York City, for appellants.

Robert Abrams, Atty. Gen., New York City (Michele M. Woodard, Asst. Atty. Gen., New York City, of counsel), for respondent Board.

Before MAHONEY, P.J., and KANE, CASEY, WEISS and LEVINE, JJ.

MEMORANDUM DECISION.

Appeal from a decision of the Workers' Compensation Board, filed February 17, 1984.

Claimant's husband, a chef, suffered a heart attack at the employer's place of business during working hours on July 6, 1978. He was hospitalized for two weeks, and five days after his release, he suffered a fatal heart attack at home. Claimant's application for death benefits was controverted by the employer for lack of adequate notice and no compensable accident. The board concluded that decedent's work efforts precipitated his heart attack and that his subsequent death was causally related to his employment. Neither the referee nor the board ruled on the alleged inadequacy of the notice. *

The employer contends that decedent had a pre-existing coronary artery disease, with such risk factors as heavy cigarette smoking, poor family history and hypertension. Citing Matter of Currie v. Town of Davenport, 37 N.Y.2d 472, 373 N.Y.S.2d 107, 335 N.E.2d 323, the employer maintains that the mere occurrence of claimant's heart attack while on the job is insufficient to support the board's finding of causal relationship. That case, however, is distinguishable in two important aspects. First, in Currie there was no evidence that the work performed by the decedent was any more strenuous than the ordinary wear and tear of life. In contrast, there is proof in this record that decedent's job required him to work long hours, that the kitchen was very hot and that decedent's work routinely required heavy lifting. Second, the board in Currie found no causal relationship, relying upon expert medical testimony that decedent's death was due to his pre-existing cardiac pathology and rejecting expert testimony that his death was related to his employment. Here, too, conflicting expert medical opinions were presented by the parties, but the board elected to accept the testimony of claimant's expert that decedent's heart attack was related to the strenuous efforts of his...

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5 cases
  • Lawler v. Windmill Restaurant
    • United States
    • South Dakota Supreme Court
    • 12 Octubre 1988
    ...Under our statutes, under the settled law of this state, under foreign authorities (see, for example, Carpino v. Treasure Chest Restaurant, 106 A.D.2d 782, 483 N.Y.S.2d 817 (1984)), and under Larson's on Workmen's Compensation, she is entitled to win this appeal. I am reminded of words, fou......
  • Bartlett Tree Experts Co. v. Johnson, 86-458
    • United States
    • New Hampshire Supreme Court
    • 24 Agosto 1987
    ...testimony would have been sufficient to establish medical causation if the master had accepted it, see, e.g., Carpino v. Treasure Chest Restaurant, 106 A.D.2d 782, 483 N.Y.S.2d 817, mod. on other grounds, 65 N.Y.2d 782, 492 N.Y.S.2d 948, 482 N.E.2d 566 (1984) (expert testimony that chef's e......
  • Nichols v. C.N.Y. Bottle Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Octubre 1985
    ...of the Board (see, Matter of Gates v. McBride Transp., 60 N.Y.2d 670, 468 N.Y.S.2d 101, 455 N.E.2d 660; Matter of Carpino v. Treasure Chest Rest., 106 A.D.2d 782, 483 N.Y.S.2d 817, mod. on other grounds 65 N.Y.2d 782, 492 N.Y.S.2d 948, 482 N.E.2d 566). Therefore the Board's finding of causa......
  • Carpino v. Treasure Chest Restaurant
    • United States
    • New York Court of Appeals Court of Appeals
    • 13 Junio 1985
    ...Law sec. 18) and, as so modified, affirmed. WACHTLER, C.J., and JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE, JJ., concur, 106 A.D.2d 782, 483 N.Y.S.2d 817. ...
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