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MATTER OF COMM'R OF TAXATION & FIN. v. JORDAN BROS., INC.

279 A.D. 1123 (1952)

In the Matter of the Claim of The Commissioner of Taxation and Finance, on Account of the Death of George Redel, et al., Respondents, v. Jordan Brothers, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 14, 1952.

The decedent was employed as an electrician. While doing some work which required the use of a stepladder, six feet high, he fell. Whether he fell as the result of a heart attack, or whether he fell and suffered a heart attack as a result of the fall, is a matter of pure speculation. The record lacks substantial evidence to sustain the finding of the board that decedent sustained accidental injuries arising out of and in the course...

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