(DOWNLOAD) "Matter Claim Emma Ernest v. Boggs Lake Estates" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Emma Ernest v. Boggs Lake Estates
- Author : Court of Appeals of New York
- Release Date : January 02, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On the single controverted issue the Workmen's Compensation Board held that: ""The weight of the medical evidence introduced indicates that the injuries resulting from the accident of August 20, 1951 were a factor in the death."" The only argument against the unanimously affirmed award is that the medical opinion evidence as to causality (that is, aggravation of tuberculosis by accident) is not sufficiently definite or positive. The employer and carrier say that the proofs were ""speculative"" since the testimony of the physicians included such words as ""possibly"", ""probably"" and ""could"". The Appellate Division, however, unanimously affirmed with a statement that despite the use by the experts of those less-than-positive words ""the record as a whole"" sufficiently establishes an accident-caused aggravation of a pre-existing pulmonary tuberculosis. In other words, the Appellate Division held that the record read as a totality contained substantial and adequate opinion evidence. We, like the Appellate Division, will look for the thought and meaning of this medical testimony rather than penalize the claimant because the doctors did not state their opinions in terms of infallibility or scientifically determined certainty.