# MATTER OF DALY v. Opportunities for Broome, Inc.

> New York Court of Appeals · June 2, 1976 · 39 N.Y.2d 862

URL: https://www.frixlaw.com/law-library/cases/2590868

## Case

- **Full name:** In the Matter of the Claim of Debra Daly, Appellant, v. Opportunities for Broome, Inc., Et Al., Respondents. Workmen’s Compensation Board, Respondent
- **Court:** New York Court of Appeals
- **Decided:** June 2, 1976
- **Citations:** 39 N.Y.2d 862; 386 N.Y.S.2d 216; 352 N.E.2d 133; 1976 N.Y. LEXIS 2809
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2590868

## Opinion text

Memorandum. The order of the Appellate Division should be reversed and the determination of the Workmen’s Compensation Board reinstated.
Although there may have been some evidence to rebut the presumption of a work-connected injury (Workmen’s Compensation Law, § 21), there was no showing that the Workmen’s Compensation Board credited this proof or found that the presumption had been rebutted. In view of this the Appellate Division erred in holding that there was no proof to sustain the board’s finding because there was a continuing presumption of fact by virtue of the statute.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, with costs, and the decision of the Workmen’s Compensation Board reinstated in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2590868. Public record. Not legal advice.