Brooks v. Temple Sinai
New York Court of Appeals
1Dissent
Van Voorhis, J. (dissenting).
Although feeling constrained to affirm this compensation award, the .Appellate Division said: “ Medical testimony against causal relationship seems overwhelming in this record, but the bare .legal sufficiency of other medical opinion prevents our interference.” Well might the Appellate Division say that the testimony against the award is overwhelming, since both the claimant’s attending ophthalmologist and the impartial specialist examining for the Workmen’s Compensation Board testified that the condition of his eye was not due to the alleged industrial accident.…
2Cases cited3 opinions
- Claim of Kopec v. Buffalo Brake Beam-Acme Steel & Malleable Iron WorksNew York Court of Appeals · 1952
- Claim of Riehl v. Town of AmherstNew York Court of Appeals · 1954
- Hayes v. S. Stroock & Co.Appellate Division of the Supreme Court of the State of New York · 1954