MATTER OF LACATENA v. SWEENEY BOTTLING WORKS

The board's decision modified a referee's decision and award of death benefits by excluding the Special Disability Fund from liability under subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. The decedent had for many years been in the continuous employment by the employer in the course of which he met with an accidental injury which proved fatal because of an underlying heart affliction, the direct cause of death having been a coronary thrombosis induced by-coronary sclerosis. Evidence supports the board's finding that this affliction did not constitute a physical impairment of which the employer had knowledge at the time of the hiring or during the continuance of the employment. Decision unanimously affirmed, with costs to the Workmen's Compensation Board.