MATTER OF BURNETT v. BORDEN CHEM. DIV. BORDEN, INC.


35 N.Y.2d 766 (1974)

In the Matter of the Claim of William J. Burnett, Appellant, v. Borden Chemical Division Borden, Inc. et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 14, 1974.


Attorney(s) appearing for the Case

John S. Hogg for appellant.

Robert W. Hillis for Borden Chemical Division Borden, Inc. and another, respondents.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.


Order affirmed, without costs. The issue on this record whether claimant was a five-day worker or a six-day worker was a question of ultimate fact although the underlying facts were undisputed, and, because there was substantial evidence supporting the board's finding that he was a five-day worker, its finding is...

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