Claim of Rosen v. First Manhattan Bank

Although we agree with the majority that there is substantial evidence in the record to support the Workers’ Compensation Board’s finding that decedent’s death occurred in the course of his employment, we are of the view that the presumption afforded by Workers’ Compensation Law § 21 has been rebutted by substantial evidence to the contrary and, therefore, the determination that decedent’s death arose out of his employment must be set aside (see generally, Matter of Cuervo v CAB Motor Co., 133 AD2d 894, 895). As the majority correctly notes, the appropriate inquiry is whether the underlying…