MATTER OF GATES v. McBRIDE TRANSP., INC.
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Claim of Black v. Metropolitan Tobacco (Appellate Division of the Supreme Court of New York 1987)
- Matter of Aungst v. Family Dollar (N.Y. 2025)
- Brisson v. County of Onondaga (N.Y. 2006)
- Claim of Cameron v. Chalet (Appellate Division of the Supreme Court of New York 2006)
- Claim of Newton v. Sears Roebuck & Co. (Appellate Division of the Supreme Court of New York 2002)
- Claim of Scalzo v. St. Joseph's Hospital (Appellate Division of the Supreme Court of New York 2002)
- Wachtler v. AT&T (Appellate Division of the Supreme Court of New York 2001)
- Ochsner v. Gear (Appellate Division of the Supreme Court of New York 2000)
- Claim of Joslyn v. Oneida County Sheriff's Department (Appellate Division of the Supreme Court of New York 1999)
- Claim of Meisner v. United Parcel Service (Appellate Division of the Supreme Court of New York 1998)
- Claim of Lehsten v. NACM-Upstate New York (Appellate Division of the Supreme Court of New York 1997)
- Hildenbrandt v. Transportation Manufacturing Co. (Appellate Division of the Supreme Court of New York 1997)
- Winn v. Hudson Valley Equine Center (Appellate Division of the Supreme Court of New York 1995)
- Claim of Anayansi Blanchard v. Integrated Food Systems (Appellate Division of the Supreme Court of New York 1995)
- Claim of Wright v. Golden Arrow Line, Inc. (Appellate Division of the Supreme Court of New York 1994)
- Claim of Sweeney v. New York State Staten Island Developmental Center (Appellate Division of the Supreme Court of New York 1993)
- Sturtevant v. Broome County (Appellate Division of the Supreme Court of New York 1992)
- Cooley v. New York State Police (Appellate Division of the Supreme Court of New York 1990)
- Claim of Curtis v. Adirondack Trailways (Appellate Division of the Supreme Court of New York 1989)
- Matter of Black v. Metro. Tobacco (N.Y. 1988)
- Cozzolino v. Ford Motor Co. (Appellate Division of the Supreme Court of New York 1988)
- Claim of Palumbo v. Transport Masters International, Inc. (Appellate Division of the Supreme Court of New York 1986)
- Claim of Leone v. Patrick Leone & Sons Plumbing & Heating (Appellate Division of the Supreme Court of New York 1986)
- Voight v. Rochester Products Division, GMC (Appellate Division of the Supreme Court of New York 1986)
- Jeffries v. Berney (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In the Matter of the Claim of Garland D. Gates, Claimant,
v.
McBride Transportation, Inc., et al., Respondents. Workers' Compensation Board, Appellant.
Court of Appeals of the State of New York.
Robert Abrams, Attorney-General (Peter H. Schiff, Carlin Meyer and Diane Ciccone of counsel), for appellant.
Thomas J. Spargo and Raymond C. Green for respondents.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.
*671MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and the determination of the Workers' Compensation Board reinstated.
A finding of fact made by the Workers' Compensation Board is considered conclusive on the courts if supported by substantial evidence (Matter of Axel v Duffy-Mott Co., 47 N.Y.2d 1, 6). In this case, the board's finding that the claimant's heart attack was causally related to his employment was supported by substantial evidence: claimant's own testimony that he was irritated by a phone call he received, requiring him to redo an entire morning's work, and the fact that claimant experienced the heart attack very shortly after the phone call. In addition, there was medical testimony as to the causal relationship. Inasmuch as there was substantial evidence to support the determination of the board, the Appellate Division erred in reversing that determination.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and decision of the Workers' Compensation Board reinstated in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.