Miller v. McGovern

This proceeding now before us on reargument is to review a determination of the State Comptroller denying an application for accidental death benefits under section 81 of the Civil Service Law. It was argued on the understanding that the determination rested “to a substantial degree, if not entirely upon” a report and opinion of the medical board of the Retirement System that the death of petitioner’s husband was not the result of an accident within the meaning of section 81, which report was not in the record. This court annulled the determination and remitted the claim to the Comptroller…