General
In the Matter of the Claim of Augusta Frankel, Appellant, against National 5, 10 and 25 Cent Stores and Another, Respondents. State Industrial Board, Respondent
243 A.D. 841·New York Supreme Court, Appellate Division·1935·NY
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Opinion
In the Matter of the Claim of Augusta Frankel, Appellant, against National 5, 10 and 25 Cent Stores and Another, Respondents. State Industrial Board, Respondent.
[MAJORITY]
Claimant’s intestate had worked for several hours unpacking merchandise in the employer’s store. About two-forty-five p. m. a fellow-employee remarked upon his distressed appearance; intestate replied that he had suffered a strain. About four p. m. he suffered a seizure and shortly died of angina pectoris. Physician testified that the work of unpacking merchandise “ could have ” produced the angina. (Matter of McLaughlin v. Curtis-Quillen Co., 223 App. Div. 208.) Award was denied by the State Industrial Board. Decision of the State Industrial Board affirmed. Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents.