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In the Matter of the Claim of MICHAEL BAHN, Respondent, against S. WOLFENSOHN, INC., et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

The claimant, a man sixty-eight years of age, was employed as a picture-frame cutter. The claimant was working on a piece of picture-frame molding twelve feet long and three inches in width, weighing about fifteen pounds. He was engaged in turning it around so that he could miter the other end when he felt a pain near his heart. He continued at work but he was forced to sit down and rest near the end of the day. He continued working for three more days but he occasionally felt pain and had to sit down and rest. Upon arriving home the evening of the third day, a doctor was called and the claimant was sent to the hospital where it was found that he was suffering from a coronary occlusion. The claimant had a condition of arteriosclerosis of long standing but he had never previously had any difficulty with his heart. It is true that the work in which the claimant was engaged at the time of his suffering the heart attack was his usual work but this is not necessarily inconsistent with a finding that he suffered "unusual and extra exertion and strain", as the board found here ( Matter of Borra v. Siwanoy Country Club, 280 App. Div. 906, motion for leave to appeal denied, 304 N.Y. 985; Matter of Gioia v. Courtmel Co., 283 App. Div. 40, motion for leave to appeal denied, 306 N.Y. 985). While the picture-frame molding was not heavy, there was an element of awkwardness in its handling because of its length which may well have produced an unusual extra strain. Furthermore, there is proof that the claimant's continuing to work after the first attack aggravated his condition. While there was a conflict in the medical testimony, there was medical opinion, which the board had the right to credit, supporting the conclusion that the coronary occlusion was caused by the strain of the claimant's work. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.

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MATTER OF BAHN v. S. WOLFENSOHN, INC
(Jun 16, 1955)