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

Appellate Division of the Supreme Court of the State of New York·Decided July 19, 1979·Published·Cited by 1 cases

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.

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—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.

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).

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Opinion

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