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MTR. OF KOPEC v. BUFFALO BRAKE BEAM, ETC., IRON WKS.

304 N.Y. 65 (1952)

In the Matter of the Claim of Stanley Kopec, Claimant, v. Buffalo Brake Beam-Acme Steel & Malleable Iron Works, Respondent. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1952

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, appellant.

William A. Kirk and Benedict T. Mangano for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

In February of 1950, the Workmen's Compensation Board awarded claimant compensation for total disability upon the hypothesis that a 1943 accident had activated a pre-existing quiescent tuberculosis. Upon appeal, the Appellate Division, concluding that there was no substantial evidence to support the Board's finding that the disability resulted from the accident...

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