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  5. 9 N.Y.2d 880 (1961)
 

MATTER OF CHERNIN v. PROGRESS SERV. CO., INC.

9 N.Y.2d 880 (1961)

In the Matter of the Claim of Samuel Chernin, Appellant, v. Progress Service Co., Inc., et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Leon Freedman for appellant.

John H. Roberts for respondents.

No appearance for Workmen's Compensation Board, respondent.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DYE dissents in an opinion. Taking no part: Judge FOSTER.

Order affirmed, without costs, upon the ground that the facts in this case do not warrant the finding that claimant suffered an accidental injury on December 7, 1954, within the provisions of the Workmen's Compensation Law. We do not decide whether an occurrence arising out of and in the course of employment which causes psychological trauma may in any case be compensable even though there was no physical injury.

DYE...

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