Matter of Chernin v. Progress Serv. Co., Inc.

9 N.Y.2d 880

Opinions

Order affirmed, without costs, upon the ground that the facts in this case do not warrant the finding that claimant suffered an accidental injury on December 7, 1954, within the provisions of the Workmen’s Compensation Law. We do not decide whether an occurrence arising out of and in the course of employment which causes psychological trauma may in any case be compensable even though there was no physical injury.

Concur: Chief Judge Desmond and Judges Ftjld, Fboessel, Van Voobhis and Bubke. Judge Dye dissents in the following-opinion. Taking no part: Judge Fosteb.