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In the Matter of the Claim of AUGUSTA HECK, Respondent, v. HILTON HOTELS CORPORATION et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

Appeal from a decision and award of the Workmen's Compensation Board. Claimant fell while working as a hotel chambermaid and was injured. There is no proof of any pre-existing physical condition which would cause the fall; nor was claimant able to relate what caused it. The record shows merely the fall in the course of employment; and since it was not demonstrated by the appellant that it was idiopathic and caused in any part by the physical condition of the claimant ( Matter of McCormack v. National City Bank, 303 N.Y. 5), the accident is entitled to the presumption of the statute (Workmen's Compensation Law, § 21, subd. 1). The case, including the employer's report of injury, which inferentially seems to report an "accident", is quite similar to that considered in Matter of Hoffman v. Grain Handling Co. ( 7 A.D.2d 675, motion for leave to appeal denied 5 N.Y.2d 709). Award unanimously affirmed, with costs to the Workmen's Compensation Board.

In decisions Nos. 1-50 the court is as follows: Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.

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MATTER OF HECK v. HILTON HOTELS CORPORATION
(Dec 2, 1960)