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WOLFE v. SIBLEY, LINDSAY

36 N.Y.2d 505 (1975)

In the Matter of Diana Wolfe, Appellant, v. Sibley, Lindsay & Curr Co. et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 1975.

Attorney(s) appearing for the Case

Irving Pherterson for appellant.

Winchell, Connors and Corcoran for Sibley, Lindsay & Curr Co. and another, respondents.

Judges GABRIELLI, JONES, and FUCHSBERG concur with Judge WACHTLER; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge JASEN concurs; Judge COOKE taking no part.

WACHTLER, J.

This appeal involves a claim for workmen's compensation benefits for the period during which the claimant was incapacitated by severe depression caused by the discovery of her immediate supervisor's body after he had committed suicide.

The facts as adduced at a hearing before the Workmen's Compensation Board are uncontroverted. The claimant, Mrs. Diana Wolfe, began her employment with the...

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