In the Matter of Kenneth Middleton v. Coxsackie Correctional Facility, Workmen's Compensation Board

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Workmen’s Compensation Board’s award to Kenneth Middleton, holding that his tuberculosis was an accidental injury arising out of employment. The Court found substantial evidence of exposure to an infected inmate and applied the common‑sense, average‑man test for accidental injury. It also held that the issue of exposure was waived and not subject to further review.