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Claim of Mills v. North American Cement Corp.

242 A.D. 883 Court N.Y. App. Div. English

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p. 883
In the Matter of the Claim of Clark Mills, Respondent, against North American Cement Corporation and Another, Appellants. State Industrial Board, Respondent.

Award affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, Crapser and Heffeman, JJ., concur; McNamee, J., concurs, with a memorandum. McNamee, J. I concur for affirmance. The finding of fact that the claimant suffered from heart disease before the accident is unnecessary to sustain the award, as ihe evidence is sufficient to justify the award as made apart from the condition of claimant’s heart prior to the accident.