Opinion
Argued March 2, 1948
Decided March 19, 1948
Appeal from the Supreme Court, Appellate Division, Third Department.
Bernard Katzen, General Attorney ( George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund, appellant.
Selwyn R. Mack for respondent.
Order of Appellate Division reversed and decision of Workmen's Compensation Board reinstated, without costs, on the ground that there was substantial evidence for the board's finding of fact that the injury did not arise out of and in the course of claimant's employment, which finding of fact is, therefore, final and conclusive. (Workmen's Compensation Law, § 20.) No opinion.
Concur: LOUGHRAN, Ch. J., DESMOND, THACHER, DYE and FULD, JJ. Dissenting: LEWIS and CONWAY, JJ.