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MATTER OF DE MARCO v. LUIGI'S NEWBURGH CORP.

35 A.D.2d 1045 (1970)

In the Matter of the Claim of Anthony De Marco, Appellant, v. Luigi's Newburgh Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

December 21, 1970

The sole issue is whether claimant sustained an accidental injury arising out of and in the course of employment. The board found "that the alleged work occurrence of June 30, 1967 actually did not occur and that the claim for compensation is an afterthought. A finding is made that the claimant did not sustain an accidental injury arising out of and in the course of employment."

Decision affirmed,...

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