Claim of Paduano v. Thompson Roofing Co.

Appellate Division of the Supreme Court of New York

Claim of Paduano v. Thompson Roofing Co.

71 A.D.2d 737, 419 N.Y.S.2d 266, 1979 N.Y. App. Div. LEXIS 12949

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

DecidedJuly 19, 1979

StatusPublished

Cited by1 cases

This text of 71 A.D.2d 737 (Claim of Paduano v. Thompson Roofing Co.) 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 Paduano v. Thompson Roofing Co., 71 A.D.2d 737, 419 N.Y.S.2d 266, 1979 N.Y. App. Div. LEXIS 12949 (N.Y. Ct. App. 1979).

Pincite

Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1978, which disallowed a claim for death benefits under the Workers’ Compensation Law. Claimants, decedent’s widow and their three children, appeal the board’s decision that the presumption against suicide had been overcome by substantial evidence to the contrary and "that decedent’s death was due to a deliberate act with personal reasons, designed to end his own life, or, with indifference to such outcome.” We cannot say, as a matter of law, that the board erred in its determination. Although there is a strong presumption against suicide, it is a question of fact for the board and we cannot substitute our opinion for that of the board when there is substantial evidence, as here, on which the board has based its determination. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Staley, Jr., Mikoll and Herlihy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1978, which disallowed a claim for death benefits under the Workers’ Compensation Law. Claimants, decedent’s widow and their three children, appeal the board’s decision that the presumption against suicide had been overcome by substantial evidence to the contrary and "that decedent’s death was due to a deliberate act with personal reasons, designed to end his own life, or, with indifference to such outcome.” We cannot say, as a matter of law, that the board erred in its determination. Although there is a strong presumption against suicide, it is a question of fact for the board and we cannot substitute our opinion for that of the board when there is substantial evidence, as here, on which the board has based its determination. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Staley, Jr., Mikoll and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.2d 737, 419 N.Y.S.2d 266, 1979 N.Y. App. Div. LEXIS 12949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-paduano-v-thompson-roofing-co-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack