Legal Opinion

MATTER OF DALY v. Opportunities for Broome, Inc.

New York Court of Appeals

Decided June 2, 1976PublishedCited by 15 opinions

1Opinion of the Court

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…

2Cited by15 opinions

  1. Rosen v. First Manhattan BankNew York Court of Appeals · 1994
  2. Iacovelli v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Claim of Fallon v. National Gypsum Co.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Claim of Stein v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Claim of Osterberg v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1977

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