Claim of Yarak v. Magnesia Asbestos Insulation Co.

Appellate Division of the Supreme Court of New York

Claim of Yarak v. Magnesia Asbestos Insulation Co.

7 A.D.2d 667, 179 N.Y.S.2d 158, 1958 N.Y. App. Div. LEXIS 4312

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

DecidedNovember 10, 1958

StatusPublished

This text of 7 A.D.2d 667 (Claim of Yarak v. Magnesia Asbestos Insulation Co.) 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 Yarak v. Magnesia Asbestos Insulation Co., 7 A.D.2d 667, 179 N.Y.S.2d 158, 1958 N.Y. App. Div. LEXIS 4312 (N.Y. Ct. App. 1958).

Pincite

Opinion

Appeal by claimant from a decision of the Workmen’s Compensation Board which denied death benefits. Decedent’s death was caused by cancer of the lung with metastasis to the brain. Claimant’s medical expert considered it likely that the growth of the tumor was accelerated, as was the dissemination of the cancer cells, by decedent’s exposure to dust from fiberglass and other materials while engaged in the work of insulating pipes. The [668]*668expert called by the employer and its carrier denied any causal connection between the work and decedent’s death, as did an impartial specialist. It was within the province of the board to reject claimant’s proof of causation and to accept the substantial medical evidence which denied it. Decision affirmed, without costs. Foster, P. J., Gibson, Herlihy and Reynolds, JJ., concur.

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Appeal by claimant from a decision of the Workmen’s Compensation Board which denied death benefits. Decedent’s death was caused by cancer of the lung with metastasis to the brain. Claimant’s medical expert considered it likely that the growth of the tumor was accelerated, as was the dissemination of the cancer cells, by decedent’s exposure to dust from fiberglass and other materials while engaged in the work of insulating pipes. The [668]*668expert called by the employer and its carrier denied any causal connection between the work and decedent’s death, as did an impartial specialist. It was within the province of the board to reject claimant’s proof of causation and to accept the substantial medical evidence which denied it. Decision affirmed, without costs. Foster, P. J., Gibson, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

7 A.D.2d 667, 179 N.Y.S.2d 158, 1958 N.Y. App. Div. LEXIS 4312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-yarak-v-magnesia-asbestos-insulation-co-nyappdiv-1958.