MATTER OF SAWTELL v. COLUMBIA BOX BD. MILLS, INC.


16 A.D.2d 1018 (1962)

In the Matter of the Claim of Etta K. Sawtell, Appellant, v. Columbia Box Board Mills, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

June 28, 1962


There is substantial evidence supporting some of these elements; but others are not supported by substantial evidence taking the record as a whole. The elements not thus supported are that there was no "unusual or strenuous work activity involved" and that decedent was "doing his usual work". Further, and more important, the finding that decedent was doing his usual work seems to reflect misapprehension as to the present rule of...

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