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MATTER OF FURCHTSAM v. BINGHAMTON GEN. HOSP.

24 A.D.2d 786 (1965)

In the Matter of the Claim of Bette Furchtsam, Respondent, v. Binghamton General Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

October 22, 1965

TAYLOR, J.

The failure of appellants to overcome the presumption contained in section 47 of the Workmen's Compensation Law was the predicate of the board's finding. There was proof that staphylococcus is the most common of all organisms, is universally present and contaminates persons in all walks of life. There was also proof by a specialist in ear diseases — which, of course, the board could accept...

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