Claim of De Lizia v. Pizzutello Stone Works

Appellate Division of the Supreme Court of New York

Claim of De Lizia v. Pizzutello Stone Works

26 A.D.2d 873, 273 N.Y.S.2d 990, 1966 N.Y. App. Div. LEXIS 3296

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 1966

StatusPublished

This text of 26 A.D.2d 873 (Claim of De Lizia v. Pizzutello Stone Works) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of De Lizia v. Pizzutello Stone Works, 26 A.D.2d 873, 273 N.Y.S.2d 990, 1966 N.Y. App. Div. LEXIS 3296 (N.Y. Ct. App. 1966).

Pincite

Opinion

Herlihy, J.

Appeal by the employer, insurance carrier and Special Disability Fund from a decision of the Workmen’s Compensation Board which found causal relationship between decedent’s occupational disease condition of silico-turberculosis and death. The death certificate specifies that death was of natural causes. The autopsy report states: “ Cause of Death: Acute myocardial infarct; Pulmonary embolism; Adenocarcinoma of cecum; Bronchogenic carcinoma of right lower lobe; Pulmonary silico-turberculosis.” There were three doctors who testified. Two of the doctors were of the opinion that the death was not causally related to the occupational disease. Dr. Dorfman was of the opinion that the death was causally related to the occupational disease. The issue is whether or not the opinion of Dr. Dorfman constitutes substantial evidence to support the board’s finding of causal relationship. It appears that Dr. Dorfman had attended and examined the decedent on several occasions before death — starting July 23, 1962 — and in fact had caused him to be hospitalized on March 20, 1963. The death occurred on April 2, 1963. Prior to giving his opinion, the doctor had knowledge of all of the relevant facts acquired by attending the decedent over a period of approximately one year and had examined the hospital records and autopsy report. The doctor considered all of the factors involved [874]*874and the record sustains his opinion as to the cause of death. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Herlihy, J.

Appeal by the employer, insurance carrier and Special Disability Fund from a decision of the Workmen’s Compensation Board which found causal relationship between decedent’s occupational disease condition of silico-turberculosis and death. The death certificate specifies that death was of natural causes. The autopsy report states: “ Cause of Death: Acute myocardial infarct; Pulmonary embolism; Adenocarcinoma of cecum; Bronchogenic carcinoma of right lower lobe; Pulmonary silico-turberculosis.” There were three doctors who testified. Two of the doctors were of the opinion that the death was not causally related to the occupational disease. Dr. Dorfman was of the opinion that the death was causally related to the occupational disease. The issue is whether or not the opinion of Dr. Dorfman constitutes substantial evidence to support the board’s finding of causal relationship. It appears that Dr. Dorfman had attended and examined the decedent on several occasions before death — starting July 23, 1962 — and in fact had caused him to be hospitalized on March 20, 1963. The death occurred on April 2, 1963. Prior to giving his opinion, the doctor had knowledge of all of the relevant facts acquired by attending the decedent over a period of approximately one year and had examined the hospital records and autopsy report. The doctor considered all of the factors involved [874]*874and the record sustains his opinion as to the cause of death. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Bluebook (online)

26 A.D.2d 873, 273 N.Y.S.2d 990, 1966 N.Y. App. Div. LEXIS 3296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-de-lizia-v-pizzutello-stone-works-nyappdiv-1966.