Claim of Dozier v. Republic Steel Corp.

Appellate Division of the Supreme Court of New York

Claim of Dozier v. Republic Steel Corp.

12 A.D.2d 868, 209 N.Y.S.2d 884, 1961 N.Y. App. Div. LEXIS 13039

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

DecidedJanuary 25, 1961

StatusPublished

This text of 12 A.D.2d 868 (Claim of Dozier v. Republic Steel 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 Dozier v. Republic Steel Corp., 12 A.D.2d 868, 209 N.Y.S.2d 884, 1961 N.Y. App. Div. LEXIS 13039 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant has tuberculosis and the board has attributed this, as an occupational disease, to the employment. He was not exposed to tuberculosis in the work and may have contracted the disease from his wife; but he was exposed in the employment to free silica for more than 60 days between 1946 and 1954 and upon surgical examination of lung tissue taken in connection with treatment of tuberculosis evidence of silicate inhalation was found from which a diagnosis of silicosis was made. There is medical opinion that the silicosis was “ a contributing factor in the disability ” and that “ the presence of silicosis unfavorably affects the course of tuberculosis or renders the individual more susceptible to contracting tuberculosis.” The medical proof thus sustains the decision. Atward unanimously affirmed, with costs to the Workmen’s Compensation Board.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant has tuberculosis and the board has attributed this, as an occupational disease, to the employment. He was not exposed to tuberculosis in the work and may have contracted the disease from his wife; but he was exposed in the employment to free silica for more than 60 days between 1946 and 1954 and upon surgical examination of lung tissue taken in connection with treatment of tuberculosis evidence of silicate inhalation was found from which a diagnosis of silicosis was made. There is medical opinion that the silicosis was “ a contributing factor in the disability ” and that “ the presence of silicosis unfavorably affects the course of tuberculosis or renders the individual more susceptible to contracting tuberculosis.” The medical proof thus sustains the decision. Atward unanimously affirmed, with costs to the Workmen’s Compensation Board.

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Bluebook (online)

12 A.D.2d 868, 209 N.Y.S.2d 884, 1961 N.Y. App. Div. LEXIS 13039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dozier-v-republic-steel-corp-nyappdiv-1961.