Straws v. Fail
| Decision Date | 21 November 1962 |
| Citation | 17 A.D.2d 998,233 N.Y.S.2d 893 |
| Parties | Claim of Samuel STRAWS, Appellant, v. Martin L. FAIL, d/b/a Dunbar Billiards, et al., Respondents. Workmen's Compensation Board, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Workmen's Compensation Board, Respondent.
Supreme Court, Appellate Division, Third Department.
Nov. 21, 1962.
Roshwald, Stanton & Tischler, Leon Freedman, New York City, for claimant-appellant.
Joseph M. Soviero, Morris N. Lissauer, New York City, for respondents.
Louis J. Lefkowitz, Atty. Gen., for Workmen's Compensation Bd.
Before COON, J. P., and GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ.
Appeal by claimant from a nonunanimous decision of the Workmen's Compensation Board disallowing the claim. On October 7, 1958 claimant, a porter in a billiard parlor, was directed by his employer to accompany a stricken coemployee and friend to a hospital in a taxicab. En route the coemployee collapsed and expired in claimant's arms.
According to claimant's evidence emotional strain or stress incident to the occurrence initiated a psychoneurosis characterized by headaches, dizziness, weakness, pain, nausea and insomnia symptomatic of the mental condition which caused a year-long psychological disablement. There was conflicting medical evidence as to the duration of the disability and of its relation to the experience.
As the basis for its finding that claimant did not sustain an accidental injury within the purview of the Workmen's Compensation Law, the board in effect adopted the factual posture for which he contended and absent a showing of physical injury conceived itself bound as a matter of law by the principles governing compensability announced for the first time in Matter of Chernin v. Progress Service Co., 9 A.D.2d 170, 192 N.Y.S.2d 758, affd. 9 N.Y.2d 880, 216 N.Y.S.2d 697, 175 N.E.2d 827.
There we held that a mental injury precipitated by a mental cause provided no basis for an award of disability benefits. We perceive no reason to disturb the finding of the board.
Decision unanimously affirmed, without costs.
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...and affirmed by the Workmen's Compensation Board. On appeal the Appellate Division reversed citing its opinions in Matter of Straws v. Fail (17 A.D.2d 998, 233 N.Y.S.2d 893, mot for lv to app den 12 N.Y.2d 647, 238 N.Y.S.2d 1027, 188 N.E.2d 911); and Matter of Chernin v. Progress Serv. Co. ......
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...Chernin v. Progress Serv. Co., 9 A.D.2d 170, 192 N.Y.S.2d 758, affirmed 9 N.Y.2d 880, 216 N.Y.S.2d 697, 175 N.E.2d 827; Straws v. Fail, 17 A.D.2d 998, 233 N.Y.S.2d 893. (See the criticism of the New York cases in 1A Larson's Workmen's Compensation Law, § 42.23, pp. Compensation Law, § 42.23......
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Jeanes Hosp. v. W.C.A.B. (Miller)
...witnessed her employer's suicide at work. Davis v. Oilfield Scrap & Equipment Co., 482 So.2d 970 (La.Ct.App.1986).5 Straws v. Fail, 17 A.D.2d 998, 233 N.Y.S.2d 893 (1962). ...
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Miller Transporters, Limited v. Reeves, 44211
...the defendant's assignment of error is not well taken. In support of their position the appellants cite the cases of Straws v. Fail, 17 A.D.2d 998, 233 N.Y.S.2d 893 (1962); Chernin v. Progress Service Co., 9 A.D.2d 170, 192 N.Y.S2d 758 (1959); and Bekelski v. O. F. Neal Co., 141 Neb. 657, 4......