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Matter of Daly v. Opportunities for Broome

Court of Appeals of the State of New York
Jun 2, 1976
352 N.E.2d 133 (N.Y. 1976)

Opinion

Argued April 26, 1976

Decided June 2, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Jefferson F. Meagher and Joseph P. Hester, Jr., for appellant.

Robert W. Hillis for Opportunities for Broome, Inc., and another, respondents.


MEMORANDUM. The order of the Appellate Division should be reversed and the determination of the Workmen's Compensation Board reinstated.

Although there may have been some evidence to rebut the presumption of a work-connected injury (Workmen's Compensation Law, § 21), there was no showing that the Workmen's Compensation Board credited this proof or found that the presumption had been rebutted. In view of this the Appellate Division erred in holding that there was no proof to sustain the board's finding because there was a continuing presumption of fact by virtue of the statute.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order reversed, with costs, and the decision of the Workmen's Compensation Board reinstated in a memorandum.


Summaries of

Matter of Daly v. Opportunities for Broome

Court of Appeals of the State of New York
Jun 2, 1976
352 N.E.2d 133 (N.Y. 1976)
Case details for

Matter of Daly v. Opportunities for Broome

Case Details

Full title:In the Matter of the Claim of DEBRA DALY, Appellant, v. OPPORTUNITIES FOR…

Court:Court of Appeals of the State of New York

Date published: Jun 2, 1976

Citations

352 N.E.2d 133 (N.Y. 1976)
352 N.E.2d 133
386 N.Y.S.2d 216

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