Eckhaus v. Adeck Stores, Inc.
| Decision Date | 05 April 1962 |
| Parties | , 182 N.E.2d 287 In the Matter of the Claim of Adolph ECKHAUS, Appellant, v. ADECK STORES, INC., Employer, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 11 A.D.2d 569, 200 N.Y.S.2d 515.
Claimant brought proceeding to recover compensation for disability due to a heart attack. Claimant, who had a medical history of arteriosclerosis and diabetes, testified that, as he was driving automobile while returning from a business mission, another automobile coming onto highway from access lane designed to merge traffic on main highway pulled in front of him, requiring him to apply his brakes suddenly to avoid a collision, and he felt a sharp pain in his chest, and that a specialist thereafter made a diagnosis of coronary occlusion with myocardial infarction, but claimant did not trstify as to sudden surprise, fright or shock at time of highway incident, and the was award of the other automobile on the access lane and watched the situation develop. The Workmen's Compensation Board made an award in favor of the claimant, and the employer and its insurance carrier appealed.
The Appellate Division reversed award, dismissed claim, and held that there was no accident, but merely a commonplace occurrence, and that claimant was not entitled to compensation.
The claimant appealed to the Court of Appeals, claiming that he sustained an industrial accident within the meaning of the Workmen's Compensation Law.
Berman & Tannenbaum, New York City (Abraham Markhoff, New York City, of counsel), for claimant-appellant.
Order reversed, with costs to appellant in this Court and in the Appellate Division, against respondents employer and carrier, and the award of the Workmen's Compensation Board reinstated, in the following memorandum: The Workmen's Compensation Board found that due to a near automobile collision claimant was subjected to unusual strain and sustained an accidental injury in the nature of a coronary attack. On this record that finding has substantial evidence to support it within the principle that an injury caused by emotional stress or strain may be found to be accidental within the purview of the Workmen's Compensation Law (Matter of Klimas v. Trans Caribbean Airways, 10 N.Y.2d 209; Matter of Wachsstock v. Skyview Transportation Co., 279 App.Div. 831, 109 N.Y.S.2d 206).
All concur except FULD, VAN VOORHIS and BURKE, JJ., who dissent...
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