Claim of Prue v. Empire Scrap Metals, Inc.

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation benefits on the ground that there is no substantial evidence to support the board’s finding of accidental injury and compensable death. Initially appellants do not urge that the decedent’s work activities, particularly in shoveling snow from a four to five foot pile of tires, followed by a fall to the ground, would not meet the test of Matter of Masse v. Robinson Co. (301 N. Y. 34) and the cases which have followed it if such work were performed as claimant asserts and the board found, but rather contend that…