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MATTER OF GATES v. McBRIDE TRANSP., INC.

60 N.Y.2d 670 (1983)

In the Matter of the Claim of Garland D. Gates, Claimant, v. McBride Transportation, Inc., et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, Carlin Meyer and Diane Ciccone of counsel), for appellant.

Thomas J. Spargo and Raymond C. Green for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Workers' Compensation Board reinstated.

A finding of fact made by the Workers' Compensation Board is considered conclusive on the courts if supported by substantial evidence (Matter of Axel v Duffy-Mott Co., 47 N.Y.2d 1, 6). In this case, the board's finding that the...

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