Legal Opinion
Claim of Milz v. J & R Amusement Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1983PublishedCited by 5 opinions
1Opinion of the Court
— Appeal from a decision of the Workers’ Compensation Board, filed May 20, 1981. The only issue presented on this appeal by the employer and its carrier is whether the presumption that, in the absence of substantial evidence to the contrary, an injury did not result solely from the intoxication of the injured employee while on duty (Workers’ Compensation Law, § 21, subd 4) has been overcome by the evidentiary pattern developed before the hearing *608officer and reviewed by the board. In its decision, a majority of the board panel, relying on the afore-mentioned presumption, found, in pertinent…
2Cases cited4 opinions
- Claim of Post v. Tennessee Products & Chemical Corp.New York Court of Appeals · 1964
- Post v. Tennessee Products & Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Claim of Loucks v. Joy AutomaticsAppellate Division of the Supreme Court of the State of New York · 1976
- Claim of Mikolajczyk v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by5 opinions
- Claim of Villapol v. American Landmark ManagementAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Curtis v. Village of LynbrookAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Kigin v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Kigin v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Ferra v. Paramount GlobalAppellate Division of the Supreme Court of the State of New York · 2025