Claim of Eberle v. New York State Department of Mental Hygiene

Appeal from a decision of the Workmen’s Compensation Board, filed June 3, 1977, which denied claimant’s application for a review of a referee’s decision which found decedent’s death did not arise in or out of his employment. The issue certified in this appeal on a shortened record is as follows: Was the board’s denial of the claimant-appellant’s application for review, dated and mailed April 10, 1976, from the referee’s decision dated March 5, 1976, arbitrary and capricious? Although there was conflicting medical testimony as to causal relationship, the referee found that the decedent’s death…