MATTER OF ROSENBERG v. SCINTILLA DIV.


12 A.D.2d 551 (1960)

In the Matter of the Claim of Diedrich F. Rosenberg, Respondent, v. Scintilla Division et al., Appellants. Workmen's Compensation Board, Respondent

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

November 4, 1960


We have previously disapproved of such an alternative finding. (Matter of Conroy v. Rupert Fish Co., 8 A.D.2d 553.) No clear-cut determination is presented for review, and the matter would have to be remitted for a clarified decision in any event. However, we are of the opinion that the evidence fails to establish either accident or occupational disease. Concededly claimant has suffered a hiatus hernia. The medical testimony is to...

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