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Claim of Whittaker v. O'Connell Construction Co.

248 A.D. 646 Court N.Y. App. Div. English

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p. 646
In the Matter of the Claim of Vida Whittaker and Another, Respondents, against O’Connell Construction Company and Another, Appellants. State Industrial Board, Respondent.

Award of death benefits. The deceased employee was engaged in driving a large tractor. It ran upon a stone and suddenly slipped off; it fell about one foot. There is medical testimony to sustain the finding that the jolt caused a gastric ulcer rupture which produced peritonitis, from which employee died. Award unanimously affirmed, with costs to the State Industrial Board. Present •—- Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.