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MATTER OF TUBBS v. ANGERAMI

20 A.D.2d 838 (1964)

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

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

March 27, 1964

Upon a prior appeal (13 A.D.2d 875), we expressed some doubt whether there was substantial evidence of accidental death but found it unnecessary to decide that issue in the state of the findings then before us; and we held that the board's "alternative finding of `brain damage or a fractured neck' is improper in any event and requires remittal." Upon rehearing, testimony was adduced from Dr. Clemmer, a pathologist, who performed an autopsy...

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