Claim of Dolan v. George H. Flinn Corp.

Appellate Division of the Supreme Court of New York

Claim of Dolan v. George H. Flinn Corp.

282 A.D. 781, 123 N.Y.S.2d 515, 1953 N.Y. App. Div. LEXIS 4948

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

DecidedJuly 2, 1953

StatusPublished

This text of 282 A.D. 781 (Claim of Dolan v. George H. Flinn Corp.) 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 Dolan v. George H. Flinn Corp., 282 A.D. 781, 123 N.Y.S.2d 515, 1953 N.Y. App. Div. LEXIS 4948 (N.Y. Ct. App. 1953).

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Opinion

— Appeal from a decision and award of the Workmen’s Compensation Board. The questions raised on this appeal are quite similar to those considered and decided herewith in Matter of McCann v. Walsh Constr. Go. (282 App. Div. 444) and the decision is controlled by the same considerations which guided the court in that case. Claimant worked as a sand hog with compressed air for this employer from January, 1946, to February, 1947, his last exposure being February 3d. This terminal exposure fell between the effective dates of the 1946 and 1947 amendments to the statute. His disablement from caisson disease attributed to this emplosunent was found to have occurred January 4,1951. He is entitled to the procedural benefits of statutory amendments effective after as well as before his last exposure to compressed air. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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— Appeal from a decision and award of the Workmen’s Compensation Board. The questions raised on this appeal are quite similar to those considered and decided herewith in Matter of McCann v. Walsh Constr. Go. (282 App. Div. 444) and the decision is controlled by the same considerations which guided the court in that case. Claimant worked as a sand hog with compressed air for this employer from January, 1946, to February, 1947, his last exposure being February 3d. This terminal exposure fell between the effective dates of the 1946 and 1947 amendments to the statute. His disablement from caisson disease attributed to this emplosunent was found to have occurred January 4,1951. He is entitled to the procedural benefits of statutory amendments effective after as well as before his last exposure to compressed air. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 781, 123 N.Y.S.2d 515, 1953 N.Y. App. Div. LEXIS 4948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dolan-v-george-h-flinn-corp-nyappdiv-1953.

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