Claim of Heck v. Hilton Hotels Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a decision and award of the Workmen’s Compensation Board. Claimant fell while working as a hotel chambermaid and was injured. There is no proof of any pre-existing physical condition 'which would cause the fall; nor was claimant able to relate what caused it. The record shows merely the fall in the course of employment; and since it was not demonstrated by the appellant that it was idiopathic and caused in any part by the physical condition of the claimant (Matter of McCormack v. National City Bank, 303 N. Y. 5), the accident is entitled to the presumption of the statute…
2Cases cited1 opinion
- Claim of McCormack v. National City BankNew York Court of Appeals · 1951
3Cited by3 opinions
- Claim of Cartwright v. Onondaga News AgencyAppellate Division of the Supreme Court of the State of New York · 2001
- Claim of Fallon v. National Gypsum Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Claim of Booker v. Intermagnetics General Corp.Appellate Division of the Supreme Court of the State of New York · 2008