MATTER OF EBERLE v. NEW YORK STATE DEP'T OF MENTAL HYGIENE, WASSAIC STATE SCH.


60 A.D.2d 722 (1977)

In the Matter of the Claim of Marie Eberle, Appellant, v. New York State Department of Mental Hygiene, Wassaic State School et al., Respondents. Workmen's Compensation Board, Respondent

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

December 29, 1977


The issue certified in this appeal on a shortened record is as follows: Was the board's denial of the claimant-appellant's application for review, dated and mailed April 10, 1976, from the referee's decision dated March 5, 1976, arbitrary and capricious? Although there was conflicting medical testimony as to causal relationship, the referee found that the decedent's death did not arise in or out of his employment and denied the claim. Claimant's attorney filed an application...

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