MATTER OF MUNSIE v. DI FIORE


9 A.D.2d 806 (1959)

In the Matter of the Claim of William Munsie, Deceased, Respondent, v. Ben Di Fiore et al., Appellants. Workmen's Compensation Board, Respondent

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

November 13, 1959


Decedent was hospitalized for fractures of bones in his foot, sustained in a fall from a ladder. Four days later he fell or stepped from a porch of the hospital and died the same day as a result of the injuries thereby sustained. The board's memorandum decision rested in large part on the holding that appellants failed to rebut certain of the statutory presumptions in decedent's favor (Workmen's Compensation Law, § 21), including the presumptions that the claim comes...

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