MATTER OF ERNEST v. BOGGS LAKE ESTATES


12 N.Y.2d 414 (1963)

In the Matter of the Claim of Emma Ernest, Claimant-Respondent, v. Boggs Lake Estates, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1963.


Attorney(s) appearing for the Case

Robert N. Van Benthuysen for appellants.

Louis J. Lefkowitz, Attorney-General (Sylvia Livingston, Paxton Blair and Daniel Polansky of counsel), for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.


Chief Judge DESMOND.

On the single controverted issue the Workmen's Compensation Board held that: "The weight of the medical evidence introduced indicates that the injuries resulting from the accident of August 20, 1951 were a factor in the death." The only argument against the unanimously affirmed award is that the medical opinion evidence as to causality (that is, aggravation of tuberculosis by accident) is...

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