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Claim of Brundage v. Department of Correction

273 A.D. 931 Court N.Y. App. Div. Decision date 1948-03-31 English

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p. 931
In the Matter of the Claim of Ethel E. Brundage, Appellant, against Department of Correction of the State of New York et al., Respondents. Workmen’s Compensation Board, Respondent.

Appeal by claimant from a decision of the former State Industrial Board which determined that the disability and death of claimant’s husband did not result from an accidental injury sustained in the course of his employment. Only an issue of fact is involved. There is evidence to sustain the decision, as well as evidence against. We have no power to weigh the evidence. Decision unanimously affirmed, without costs. Present — Hill, P. J., Heffernan, Brewster, Foster and Deyo, JJ.