Claim of Trentin v. Civetta Contracting, Inc.

Appellate Division of the Supreme Court of New York

Claim of Trentin v. Civetta Contracting, Inc.

10 A.D.2d 745, 197 N.Y.S.2d 501, 1960 N.Y. App. Div. LEXIS 11184

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

DecidedMarch 18, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 745 (Claim of Trentin v. Civetta Contracting, Inc.) 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 Trentin v. Civetta Contracting, Inc., 10 A.D.2d 745, 197 N.Y.S.2d 501, 1960 N.Y. App. Div. LEXIS 11184 (N.Y. Ct. App. 1960).

Pincite

Opinion

This controversy is between two carriers. The board has found the date of claimant’s disablement due to silicosis to be August 14, 1954, the last day he was employed. Claimant had worked for the same employer since 1949. Appellant went on the risk on April 6, 1953, and contends that the board should have found a date of disablement which was prior thereto. Claimant was off work from December, 1952 to June, 1953, and his condition was medically diagnosed as silicosis at the time. He returned to work for the same employer in June of 1953 and worked until August 14, 1954, when his disability due to silicosis became final and complete. Appellant was on the risk at the time of claimant’s last injurious exposure to silica dust, and is liable for the award. (Workmen’s Compensation Law, § 44-a.) Under such circumstances the board was not bound as a matter of law to find a date of disablement due to silicosis prior to April 6, 1953. Appellant relies heavily upon Matter of Bunleavy v. Walsh, Connelly, Beniorn £■ Palmer (309 H. Y. 8). We find nothing in the present decision which is inconsistent with the holding in the Bunleavy case. Award unanimously affirmed, with costs to respondent-carrier against appellant. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

This controversy is between two carriers. The board has found the date of claimant’s disablement due to silicosis to be August 14, 1954, the last day he was employed. Claimant had worked for the same employer since 1949. Appellant went on the risk on April 6, 1953, and contends that the board should have found a date of disablement which was prior thereto. Claimant was off work from December, 1952 to June, 1953, and his condition was medically diagnosed as silicosis at the time. He returned to work for the same employer in June of 1953 and worked until August 14, 1954, when his disability due to silicosis became final and complete. Appellant was on the risk at the time of claimant’s last injurious exposure to silica dust, and is liable for the award. (Workmen’s Compensation Law, § 44-a.) Under such circumstances the board was not bound as a matter of law to find a date of disablement due to silicosis prior to April 6, 1953. Appellant relies heavily upon Matter of Bunleavy v. Walsh, Connelly, Beniorn £■ Palmer (309 H. Y. 8). We find nothing in the present decision which is inconsistent with the holding in the Bunleavy case. Award unanimously affirmed, with costs to respondent-carrier against appellant. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 745, 197 N.Y.S.2d 501, 1960 N.Y. App. Div. LEXIS 11184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-trentin-v-civetta-contracting-inc-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack