Claim of Burlingame v. Barden & Robeson Corp.

Appeal from a decision of the Workmen’s Compensation Board, filed June 12, 1975. The sole issue to be determined on this appeal is whether claimant sustained an injury arising out of and in the course of the employment. The board concluded that it "finds based on probative and credible testimony that claimant did not sustain an accidental injury arising out of and in the course of employment.” The record reveals that claimant, age 59, was employed by respondent as a yardman; that he had been a diabetic since 1966. Claimant testified that on August 2, 1973 a "header beam” fell and injured his…