MATTER OF AVERY v. CITY OF MIDDLETOWN


40 A.D.2d 568 (1972)

In the Matter of the Claim of Leona Avery, Appellant, v. City of Middletown, Respondent. Workmen's Compensation Board, Respondent

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

July 19, 1972


On August 22, 1960 decedent sustained a compensable back injury. On February 16, 1965 he committed suicide by taking an overdose of seconal tablets. Appellant sought to link the suicide to the prior accidental injury but the board rejected this contention finding that his committing suicide was "a wilful conscious act" and that there was no causal relationship established between the suicide and the prior accident. We find present no more than a divergence of medical opinion...

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