This is an appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board. The claim here involved was filed by the widow and two minor children of the decedent Leslie Dillon who died on October 29, 1954. On October 28, 1954 while the decedent was working for the Le Roy Machine Co., Inc., he suffered the alleged accident which resulted in his death. The decedent had been talking to some fellow workmen and he left them and walked toward a truck which he had shortly before parked there. The next thing that anyone saw was the decedent falling to the ground with his hands over his head at a spot about 10 feet from the rear wheel of the truck. The claimants allege that the decedent fell from the truck but no one saw him get on the truck and there was testimony that he had no reason to get on the truck. When he was seen falling his feet were on the ground and he was falling over backwards. There was testimony that the rear wheels and hub cap over which a person would climb to get on the truck were muddy and that when examined by eoworkers there was no indication that the decedent had tried to climb on the truck. The only evidence to indicate that the decedent fell off the truck appeared in the report of the attending physician, Dr. Andaloro, and it stated that he had been told this by coworkers of the decedent. On examination he stated that one of the workers’ names was Mancuso and Mr. Mancuso testified that he had not seen the decedent on the truck. The other workers who had been present testified in a similar manner before the referee. A description of the accident similiar to the one given in Dr. Andaloro’s report was found in another doctor’s report and in the hospital records but it could not be established where these accounts of the accident came from. It appears that they originated from the report of Dr. Andaloro mentioned above. The medical testimony as was recognized by the referee clearly supported the theory that the decedent had suffered a stroke and as a result had fallen sustaining a secondary injury. The referee, however, allowed the claim based on the circumstances under which the decedent had been rehired in 1952. A Dr. Hare testified that he had then examined the decedent and found him unfit to be hired because he was overweight, had excessive hypertension, arteriosclerosis and was an alcoholic. The board rescinded the award to take the testimony of Dr. Andaloro. It then found that the issue was whether the fall and death was caused by pre-existing conditions or if the fall from the truck caused the death and it reinstated and affirmed the referee’s decision saying the presumptions under section 21 of the Workmen’s Compensation Law had not been overcome by substantial evidence. The appellants contend that the evidence shows the decedent did not fall from a truck but that he suffered a stroke followed by a fall and that injuries resulting from such seizure which was unrelated to the employment are not compensable. The respondent maintains that the evidence established that the decedent did fall from the truck in view of the presumption of subdivision 5 of section 21 as to medical reports, that the death was caused by the fractured skull sustained in the fall and that even if he did not fall off the truck the decedent was on an incline when he fell and he was therefore in a zone of special danger and the accident was compensable. Subdivision 5 of section 21 states that the contents of medical reports introduced by claimants shall constitute prima facie evidence of fact as to the matter contained therein. This presumption can only be utilized when there is no substantial evidence to the contrary. The respondent argues that therefore the medical reports involved
