MATTER OF SAMUELS v. DUBOVSKY & SON


24 A.D.2d 1060 (1965)

In the Matter of the Claim of Henry Samuels, Respondent, v. Dubovsky & Son et al., Appellants. Workmen's Compensation Board. Respondent

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

December 23, 1965


HERLIHY, J.

The claimant and his employer became involved in an argument stemming from an accusation by the employer that the claimant was stealing merchandise. The board found that as a result of the ensuing altercation, the injuries which the claimant sustained arose out of and in the course of his employment. The appellants concede that there is no dispute as to the facts and "that the altercation came about because of the employment", but contend...

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