← Cases

Claim of Hughes v. Covert Manufacturing Co.

271 A.D.2d 856 Court N.Y. App. Div. Decision date 1946-11-20 English

Contents
p. 856
In the Matter of the Claim of Evelyn Hughes, Respondent, against Covert Manufacturing Company et al., Appellants. Workmen’s Compensation Board, Respondent.
Appeal by employer and insurance carrier from a decision and award of death benefits made by the Workmen’s Compensation Board. Decedent was found dead, asphyxiated by gas, in his place of employment. The evidence is that his body was found within, or partly within a large bake oven, in his employer’s japanning plant, to which its supply of gas had been partially
p. 857
turned on. The evidence and allowable inferences therefrom were such as to support the findings that appellants’ proofs failed to overcome the statutory-presumption against suicide (Workmen’s Compensation Law, § 21), and that the death was causally related to the employment. Decision and award affirmed, with costs to claimant and the Workmen’s Compensation Board. All concur.