MATTER OF HOWE v. WM. SPENCER & SON CORP.


35 A.D.2d 879 (1970)

In the Matter of the Claim of Margaret Howe, Respondent, v. Wm. Spencer & Son Corporation, Appellant. Workmen's Compensation Board, Respondent

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

November 23, 1970


The sole issue is whether there is substantial evidence to sustain the board's finding that decedent's fatal injuries arose out of and in the course of his employment. This is a claim for death benefits on behalf of the widow of a foreman of a gang engaged in loading and unloading lighters and barges at piers in Brooklyn. Decedent, normally the foreman at the 23rd Street pier, was temporarily assigned at the 29th, 30th and 31st Street piers. On Friday, December 22, 1967,...

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