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MATTER OF BAKER v. NIAGARA MOHAWK POWER CORP.

7 A.D.2d 788 (1958)

In the Matter of the Claim of Josephine Baker, now Josephine Bleckinger et al., Respondents, v. Niagara Mohawk Power Corporation et al., Appellants. Workman's Compensation Board, Respondent

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

December 30, 1958

One issue on appeal is whether the presumptions created by section 21 of the Workmen's Compensation Law, particularly the presumption against suicide, were overcome by substantial evidence. Another issue is whether the action of the board in reviewing the case on its own motion, and setting aside the decisions of the Referee and Board Panel, was illegal and unconstitutional. The Referee found against claimants on the issue of an industrial accident. A Board Panel, consisting...

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