Claim of Ylihakula v. Rathblum Realty Co.

Appellate Division of the Supreme Court of New York

Claim of Ylihakula v. Rathblum Realty Co.

271 A.D.2d 1041

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

DecidedMarch 12, 1947

StatusPublished

This text of 271 A.D.2d 1041 (Claim of Ylihakula v. Rathblum Realty 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 Ylihakula v. Rathblum Realty Co., 271 A.D.2d 1041 (N.Y. Ct. App. 1947).

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Opinion

Appeal by the employer and insurance carrier from a schedule award, under the Workmen’s Compensation Law, for 52 4/5% loss of hearing in both ears of claimant. Only issues of fact are involved. Claimant asserted that she was the victim of an assault in connection with a robbery, and while she was engaged in her employment. We may not weigh the testimony either as to the assault, or that bearing on causal relation between the assault and her loss of hearing. There is some evidence of probative character to sustain the award. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Appeal by the employer and insurance carrier from a schedule award, under the Workmen’s Compensation Law, for 52 4/5% loss of hearing in both ears of claimant. Only issues of fact are involved. Claimant asserted that she was the victim of an assault in connection with a robbery, and while she was engaged in her employment. We may not weigh the testimony either as to the assault, or that bearing on causal relation between the assault and her loss of hearing. There is some evidence of probative character to sustain the award. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Bluebook (online)

271 A.D.2d 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ylihakula-v-rathblum-realty-co-nyappdiv-1947.