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MATTER OF RIEHL v. TOWN OF AMHERST

283 A.D. 196 (1953)

In the Matter of the Claim of Rose Riehl, Respondent, v. Town of Amherst — Department of Highways et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1953.

Attorney(s) appearing for the Case

Percy R. Smith and Arthur J. Maloney for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Harry Pastor of counsel), for Workmen's Compensation Board, respondent.

Robert J. Lansdowne for claimant-respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

This is an appeal by the employer and its workmen's compensation insurance carrier from an award of death benefits.

The question here presented is whether the heart condition, from which the decedent suffered as the result of an occupational injury, was a contributing factor in causing his death. The decedent was injured on September 30, 1941, when he fell from a ladder while engaged in trimming...

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