MATTER OF TROTTA v. WARD BAKING CO.


21 A.D.2d 701 (1964)

In the Matter of the Claim of Frank Trotta, as Administrator of The Estate of Michael Trotta, Deceased, Appellant, v. Ward Baking Company et al., Respondents. Workmen's Compensation Board, Respondent

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

May 6, 1964


Claimant, administrator of the decedent's estate, appeals from a denial of compensation benefits. The decedent, during his lifetime, had filed a claim based on the same accident which was disallowed for failure to prove causally related disability. In this death claim, the board found "that claimant's disability was due to a pre-existing brain abscess which was in no way causally related to or aggravated by the minor head injury of July 13, 1953 * * * that death on December...

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