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Claim of Toal v. City of New York

269 A.D. 1007 Court N.Y. App. Div. Decision date 1945-11-20 English

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p. 1007
In the Matter of the Claim of Claire Toal, Respondent, against City of New York, Appellant. Workmen’s Compensation Board, Respondent.

Frank Toal, sustained an injury on July 15, 1942,' which resulted in his death on July 29,1943. At the time of his injury he was engaged in the usual course of his employment. Appellant contended that the deceased’s declarations concerning the accident were not corroborated, The Workmen’s Compensation Board found that there was sufficient corroboration to entitle the claimant to the benefit of presumptions. There is evidence to justify such finding. Award affirmed, with costs to the Workmen’s Compensation Board. All concur, except Brewster, J., who dissents.