MATTER OF GARDESKI v. DYNAMIC AUTO BODY, INC.


103 A.D.2d 889 (1984)

In the Matter of the Claim of John Gardeski, Respondent, v. Dynamic Auto Body, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

July 5, 1984


¶ At issue is whether the record contains substantial evidence to support the board's finding that claimant sustained an industrial accident within the scope of the Workers' Compensation Law. According to claimant's testimony, he injured his right knee when it collapsed while he was stepping out of a truck on his employer's premises. The employer and its insurance carrier contend that such evidence, in the absence of an explanation for the fall, is insufficient to establish...

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