MATTER OF TUBBS v. ANGERAMI


13 A.D.2d 875 (1961)

In the Matter of the Claim of Bertha Tubbs, Respondent, v. Vincent Angerami, Doing Business as Jimmie's Restaurant and Grill, et al., Appellants. Workmen's Compensation Board, Respondent

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

May 23, 1961


The decedent, 50 years of age, was found dead at the bottom of the cellar steps in an unwitnessed fall. It was admitted that he was on his employer's property and in the course of his employment. Section 21 of the Workmen's Compensation Law provides in part that under such circumstances, in the absence of substantial evidence to the contrary, there is a presumption that the claim comes within the intendment of the law. The medical testimony may briefly be summarized as follows...

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