New York Court of Appeals

In the Matter of the Claim of Stanley Kopec, against Buffalo Brake Beam-Acme Steel & Malleable Iron Works, Workmen's…

April 17, 1952304 N.Y. 65

Summary

The Court affirmed the Appellate Division's reversal of the Workmen's Compensation Board's finding that the 1943 accident caused the claimant's tuberculosis, holding that the Board's decision was not supported by substantial evidence. The substantial‑evidence rule was applied to determine that the Board's reliance on a single physician's speculation was insufficient.