MATTER OF JANES v. MEACHAM PONTIAC CO. INC.


3 A.D.2d 622 (1956)

In the Matter of the Claim of Enos B. Janes, Respondent, v. Meacham Pontiac Co. Inc., et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1956


Upon conflicting evidence, which is concededly legally adequate to sustain a factual finding either way, the referee found that claimant sustained an accident arising out of and in the course of his employment. Upon review a three member panel reversed the referee, and, by a two to one vote, decided that the weight of evidence failed to support the claim of accident. Claimant's attorney then wrote the board requesting it to review the panel decision "on its own motion". The...

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