Claim of Curtis v. Cross Bay Excavating Co.

Appellate Division of the Supreme Court of New York

Claim of Curtis v. Cross Bay Excavating Co.

65 A.D.2d 638, 409 N.Y.S.2d 279, 1978 N.Y. App. Div. LEXIS 13356

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1978·Published·Cited by 2 cases

Opinion

Appeals from decisions of the Workers’ Compensation Board, filed June 12, 1975, May 6, 1977, and November 29, 1977. The board found "upon the review of the entire record, the Board Panel finds based upon the credible evidence of the widow and the testimony of the doctors that the death was not solely caused by intoxication. The Panel finds that decedent’s accident at home which resulted in death was caused by instability of the injured right leg and was a direct consequence of the accident sustained on October 7, 1972.” The record contains substantial evidence to sustain the finding of the board. Decisions affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Sweeney, Larkin, Mikoll and Herlihy, JJ., concur.

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Appeals from decisions of the Workers’ Compensation Board, filed June 12, 1975, May 6, 1977, and November 29, 1977. The board found "upon the review of the entire record, the Board Panel finds based upon the credible evidence of the widow and the testimony of the doctors that the death was not solely caused by intoxication. The Panel finds that decedent’s accident at home which resulted in death was caused by instability of the injured right leg and was a direct consequence of the accident sustained on October 7, 1972.” The record contains substantial evidence to sustain the finding of the board. Decisions affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Sweeney, Larkin, Mikoll and Herlihy, JJ., concur.

Claim of Curtis v. Cross Bay Excavating Co., 65 A.D.2d 638, 409 N.Y.S.2d 279, 1978 N.Y. App. Div. LEXIS 13356 (N.Y. Ct. App. 1978).

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65 A.D.2d 638 (Claim of Curtis v. Cross Bay Excavating Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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