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Claim of Dearing v. Union Free School District No. 1

297 N.Y. 886 Court N.Y. Decision date 1948-03-19 English

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p. 886
In the Matter of the Claim of Alice C. Dearing, Respondent, against Union Free School District No. 1, Town of Tonawanda, et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued March 2, 1948;
decided March 19, 1948.
p. 887
Bernard, Katzen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund, appellant.
Behoyn B. Mach for respondent.

Order of Appellate Division reversed and decision of Workmen’s Compensation Board reinstated, without costs, on the ground that there was substantial evidence for the board’s finding of fact that the injury did not arise out of and in the course of claimant’s employment, which finding of fact is, there- ' fore, final and conclusive. (Workmen’s Compensation Law, § 20.) No opinion.

Concur: Loughban, Ch. J., Desmond, Thacher, Dye and Fuld, JJ. Dissenting: Lewis and Conway, JJ.