Hyperlawhypertext legal database Claim of Burnett v. Borden Chemical Division Borden, Inc. 35 N.Y.2d 766

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Claim of Burnett v. Borden Chemical Division Borden, Inc.

35 N.Y.2d 766 Court N.Y. Decision date 1974-11-14 English

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p. 766
In the Matter of the Claim of William J. Burnett, Appellant, v. Borden Chemical Division Borden, Inc. et al., Respondents. Workmen’s Compensation Board, Respondent.
Argued October 10, 1974;
decided November 14, 1974.
p. 767
John 8. Hogg for appellant.
Robert W. Hillis for Borden Chemical Division Borden, Inc. and another, respondents.

Order affirmed, without costs. The issue on this record whether claimant was a five-day worker or a six-day worker was a question of ultimate fact although the underlying facts were undisputed, and, because there was substantial evidence supporting the board’s finding that he was a five-day worker, its finding is invulnerable.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Babin and Stevens.