Claim of Kotakis v. L & J Concrete Corp.

Appellate Division of the Supreme Court of New York

Claim of Kotakis v. L & J Concrete Corp.

39 A.D.2d 788, 331 N.Y.S.2d 550, 1972 N.Y. App. Div. LEXIS 4712

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

DecidedMay 4, 1972

StatusPublished

Cited by3 cases

This text of 39 A.D.2d 788 (Claim of Kotakis v. L & J Concrete 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 Kotakis v. L & J Concrete Corp., 39 A.D.2d 788, 331 N.Y.S.2d 550, 1972 N.Y. App. Div. LEXIS 4712 (N.Y. Ct. App. 1972).

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Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed April 26, 1971, which determined that claimant’s last injurious exposure to silica dust took place at the time appellant Hartford Accident and Indemnity Company was on the risk, that there was no such harmful exposure during the period of coverage by Insurance Company of North America and that Hartford Accident and Indemnity Company is liable for payments to claimant. Since these factual findings are supported by substantial evidence, they should not be disturbed (cf. Matter of Greco v. Travelers Ins. Co., 283 App. Div. 762). Section 44-a of the Workmen’s Compensation Law, dealing with silicosis and other dust diseases, provides that the employer in whose employ a claimant [789]*789“ was last exposed to an injurious dust hazard ” shall be liable when disability is due to silicosis (Matter of Mariani v. Helena Rubinstein, Inc., 19 A D 2d 916, mot. for lv. to app. den. 13 N Y 2d 601; Matter of Trentin v. Civetta Contr., 10 A D 2d 745). Decision affirmed, with costs to respondent Insurance Company of North America. Herlihy, P. J., Greenblott, Cooke, Simons and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed April 26, 1971, which determined that claimant’s last injurious exposure to silica dust took place at the time appellant Hartford Accident and Indemnity Company was on the risk, that there was no such harmful exposure during the period of coverage by Insurance Company of North America and that Hartford Accident and Indemnity Company is liable for payments to claimant. Since these factual findings are supported by substantial evidence, they should not be disturbed (cf. Matter of Greco v. Travelers Ins. Co., 283 App. Div. 762). Section 44-a of the Workmen’s Compensation Law, dealing with silicosis and other dust diseases, provides that the employer in whose employ a claimant [789]*789“ was last exposed to an injurious dust hazard ” shall be liable when disability is due to silicosis (Matter of Mariani v. Helena Rubinstein, Inc., 19 A D 2d 916, mot. for lv. to app. den. 13 N Y 2d 601; Matter of Trentin v. Civetta Contr., 10 A D 2d 745). Decision affirmed, with costs to respondent Insurance Company of North America. Herlihy, P. J., Greenblott, Cooke, Simons and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 788, 331 N.Y.S.2d 550, 1972 N.Y. App. Div. LEXIS 4712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kotakis-v-l-j-concrete-corp-nyappdiv-1972.

Opinion

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