Gates v. McBride Transp., Inc.
| Decision Date | 27 September 1983 |
| Citation | 455 N.E.2d 660,468 N.Y.S.2d 101,60 N.Y.2d 670 |
| Parties | , 455 N.E.2d 660 In the Matter of the Claim of Garland D. GATES, Claimant, v. McBRIDE TRANSPORTATION, INC., et al., Respondents. Workers' Compensation Board, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division 93 A.D.2d 938, 462 N.Y.S.2d 309 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, 416 N.Y.S.2d 554, 389 N.E.2d 1075). In this case, the board's finding that the claimant's heart attack was causally related to his employment was supported by substantial evidence: claimant's own testimony that he was irritated by a phone call he received, requiring him to redo an entire morning's work, and the fact that claimant experienced the heart attack very shortly after the phone call. In addition, there was medical testimony as to the causal relationship. Inasmuch as there was substantial evidence to support the determination of the board, the Appellate Division erred in reversing that determination.
On review of submissions pursuant to rule 500.2(b) of the Rules of the Court of Appeals (22 NYCRR 500.2[g] ), order reversed, with costs, and decision of the Workers' Compensation Board reinstated in a memorandum.
To continue reading
Request your trial
-
Joslyn v. Oneida County Sheriff's Dept.
... ... , 71 N.Y.2d 989, 990, 529 N.Y.S.2d 272, 524 N.E.2d 873; Matter of Gates v. McBride Transp., 60 N.Y.2d 670, 671, 468 N.Y.S.2d 101, 455 N.E.2d 660; ... ...
-
Voight v. Rochester Products Div., GMC
... ... , 61 N.Y.2d 50, 54, 471 N.Y.S.2d 554, 459 N.E.2d 847; Matter of Gates" v. McBride Transp., 60 N.Y.2d 670, 468 N.Y.S.2d 101, 455 N.E.2d 660) ... \xC2" ... ...
-
Black v. Metropolitan Tobacco
... ... a nexus directly connected to a work-related activity (Matter of Gates v. McBride Transp., 60 N.Y.2d 670, 468 N.Y.S.2d 101, 455 N.E.2d 660; ... ...
-
Winn v. Hudson Valley Equine Center
...Thus, we shall sustain the finding of the Board as it is supported by substantial evidence (see, Matter of Gates v. McBride Transp., 60 N.Y.2d 670, 468 N.Y.S.2d 101, 455 N.E.2d 660). The employer and carrier also contend that the claim is time barred because it was not filed within two year......