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MTR EVERETT v. A. S. STEEL RULE

106 A.D.2d 181 (1985)

In the Matter of the Claim of Robert Everett, Respondent, v. A. S. Steel Rule Die Corporation et al., Appellants. Workers' Compensation Board, Respondent

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

February 7, 1985

Attorney(s) appearing for the Case

Linden & Gallagher (Leonard Linden, III and Leonard J. Linden, II, of counsel), for appellants.

Robert Abrams, Attorney-General (Carlin Meyer, Morris N. Lissauer and Theresa E. Wolinski of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.

CASEY, J.

A claimant who becomes incapacitated due to a mental condition causally related to his observation of a bloody bandage on the hand of a co-worker, who injured his hand off the job site, has not sustained an industrial accident within the meaning of the Workers' Compensation Law. The Workers' Compensation Board's decision affirming an award of benefits in such circumstances, therefore, lacks a rational basis and must be reversed.

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