Legal Opinion
Owens v. McGovern
New York Court of Appeals
Decided January 12, 1956PublishedCited by 15 opinions
1Opinion of the CourtDesmond, J.
The question of law is this: on the hearing of an application for accidental death benefits from the State Employees’ Retirement System under section 81 of the Civil Service Law based on an allegation that death was caused by a heart attack due to strain and exertion in State employment, and where there is proof of such strain and exertion and of a fatal heart attack, may the State Comptroller deny the application without permitting the applicant to introduce medical evidence of causation? Our answer is “ no ”.
Summarized, petitioner’s proof before the hearing officer was that her husband,…
2Cases cited11 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Croshier v. LevittNew York Court of Appeals · 1959
- Claim of Schechter v. State Insurance FundNew York Court of Appeals · 1959
- Claim of Burris v. LewisNew York Court of Appeals · 1957
- New York Institute for Education of Blind v. United Federation of Teachers' CommitteeAppellate Division of the Supreme Court of the State of New York · 1981
- Quesnel v. RaleighSupreme Court of Vermont · 1969
10 more not listed; retrieve them via the Exa API.