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Claim of Sykes v. Hens & Kelly Co.

278 A.D. 881 Court N.Y. App. Div. Decision date 1951-05-16 English

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p. 881
In the Matter of the Claim of Pearl Sykes, Appellant, against Hens & Kelly Co., Inc., et al., Respondents. Workmen’s Compensation Board, Respondent.

Appeal by claimant from a decision of the Workmen’s Compensation Board which denied her compensation as death benefits. Whether claimant’s husband’s fatal accident arose out of and in the course of his employment was a close question of fact under the circumstances shown. We may not say as a matter of law that the decision is without evidentiary support. Decision unanimously affirmed, without costs. Present — Heffeman, J. P., Brewster, Deyo, Bergan and Coon, JJ.