Legal Opinion

Claim of Ernest v. Boggs Lake Estates, Inc.

New York Court of Appeals

Decided May 2, 1963PublishedCited by 23 opinions

1Opinion of the Court

Chief Judge Desmond.

On the single controverted issue the Workmen’s Compensation Board held that: “The weight of the medical evidence introduced indicates that the injuries resulting from the accident of August 20, 1951 were a factor in the death.” The only argument against the unanimously affirmed award is that the medical opinion evidence as to causality (that is, aggravation of tuberculosis by accident) is not sufficiently definite or positive. The employer and carrier say that the proofs were “ speculative ” since the testimony of the physicians included such words as “possibly”,…

2Cases cited3 opinions

  1. Sentilles v. Inter-Caribbean Shipping Corp.Supreme Court of the United States · 1959
  2. Gaffney v. Industrial Accident Board of MontanaMontana Supreme Court · 1955
  3. Burke v. B. F. Nelson Manufacturing Co.Supreme Court of Minnesota · 1945

3Cited by23 opinions

  1. Matott v. WardNew York Court of Appeals · 1979
  2. Victor Bevevino v. M. S. SaydjariCourt of Appeals for the Second Circuit · 1978
  3. Noblesville Casting Division of TRW, Inc. v. PrinceIndiana Supreme Court · 1982
  4. Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
  5. Claim of Van Patten v. Quandt's Wholesale DistributorsAppellate Division of the Supreme Court of the State of New York · 1993

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