Claim of Buchwalter v. I. P. Kosher Meats, Inc.

Appellate Division of the Supreme Court of New York

Claim of Buchwalter v. I. P. Kosher Meats, Inc.

73 A.D.2d 761, 423 N.Y.S.2d 300, 1979 N.Y. App. Div. LEXIS 14619

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1979

StatusPublished

This text of 73 A.D.2d 761 (Claim of Buchwalter v. I. P. Kosher Meats, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Buchwalter v. I. P. Kosher Meats, Inc., 73 A.D.2d 761, 423 N.Y.S.2d 300, 1979 N.Y. App. Div. LEXIS 14619 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal from decisions of the Workers’ Compensation Board, filed March 3, 1978, August 18, 1978 and October 11, 1978, which affirmed a referee’s decision and held that claimant was entitled to death benefits as decedent’s widow. In its decision, as amended, the board found: "based on the evidence and the testimony of Dr. Nelson * * * the decedent sustained an accidental injury resulting in his death which was out of and in the course of his employment and * * * the testimony of the widow and affidavit submitted in evidence indicating the performance of the marriage ceremony between the decedent and the claimant widow establishes a valid marriage and her widowhood. The Board Panel further finds that the Carrier has failed to overcome the strong presumption of the validity of the marriage and the authority of the official to solemnize it.” There is substan[762]*762tial evidence to sustain the determination of the board. Decisions affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Main, Mikoll and Herlihy, JJ., concur.

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Appeal from decisions of the Workers’ Compensation Board, filed March 3, 1978, August 18, 1978 and October 11, 1978, which affirmed a referee’s decision and held that claimant was entitled to death benefits as decedent’s widow. In its decision, as amended, the board found: "based on the evidence and the testimony of Dr. Nelson * * * the decedent sustained an accidental injury resulting in his death which was out of and in the course of his employment and * * * the testimony of the widow and affidavit submitted in evidence indicating the performance of the marriage ceremony between the decedent and the claimant widow establishes a valid marriage and her widowhood. The Board Panel further finds that the Carrier has failed to overcome the strong presumption of the validity of the marriage and the authority of the official to solemnize it.” There is substan[762]*762tial evidence to sustain the determination of the board. Decisions affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

73 A.D.2d 761, 423 N.Y.S.2d 300, 1979 N.Y. App. Div. LEXIS 14619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-buchwalter-v-i-p-kosher-meats-inc-nyappdiv-1979.