Claim of Oddi v. Hurricane

Appellate Division of the Supreme Court of New York

Claim of Oddi v. Hurricane

273 A.D. 1035, 78 N.Y.S.2d 620, 1948 N.Y. App. Div. LEXIS 5857

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

DecidedMay 5, 1948

StatusPublished

Cited by2 cases

This text of 273 A.D. 1035 (Claim of Oddi v. Hurricane) 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 Oddi v. Hurricane, 273 A.D. 1035, 78 N.Y.S.2d 620, 1948 N.Y. App. Div. LEXIS 5857 (N.Y. Ct. App. 1948).

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Opinion

Appeal from a decision and award of the Workmen’s Compensation Board in favor of the claimant, awarding compensation for disability caused by an occupational disease. The hoard has found that the claimant became disabled as a result of Dupuytren’s contracture of the left hand, which was an occupational disease contracted as result of his employment as a cook, within twelve months prior to the date of [1036]*1036disablement fixed as April 28, 1945. There is not a scintilla of evidence to support the finding that the disease was contracted within such period. On the contrary, the evidence definitely establishes that the condition existed and was diagnosed as Dupuytren’s contracture at least as early as November 16, 1943, while claimant was employed by another employer. The claim is, therefore, barred under the provisions of section 40 of the Workmen’s Compensation Law. Award reversed on the law and claim dismissed, without costs. Brewster, Foster and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent.

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Appeal from a decision and award of the Workmen’s Compensation Board in favor of the claimant, awarding compensation for disability caused by an occupational disease. The hoard has found that the claimant became disabled as a result of Dupuytren’s contracture of the left hand, which was an occupational disease contracted as result of his employment as a cook, within twelve months prior to the date of [1036]*1036disablement fixed as April 28, 1945. There is not a scintilla of evidence to support the finding that the disease was contracted within such period. On the contrary, the evidence definitely establishes that the condition existed and was diagnosed as Dupuytren’s contracture at least as early as November 16, 1943, while claimant was employed by another employer. The claim is, therefore, barred under the provisions of section 40 of the Workmen’s Compensation Law. Award reversed on the law and claim dismissed, without costs. Brewster, Foster and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent.

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Bluebook (online)

273 A.D. 1035, 78 N.Y.S.2d 620, 1948 N.Y. App. Div. LEXIS 5857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-oddi-v-hurricane-nyappdiv-1948.

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