MATTER OF WOOD v. QUEEN CITY NEON SIGN CO.


282 A.D. 106 (1953)

In the Matter of the Claim of Leon Wood, Respondent, v. Queen City Neon Sign Co. et al., Appellants Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 13, 1953.


Attorney(s) appearing for the Case

Charles P. Barre for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

John Drury for claimant-respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

This is a beryllium poisoning case and the main question is whether on the whole record there is proof sufficient to bring the claim within section 40 of the Workmen's Compensation Law. The employee, Dorothy Wood, died in 1951 as a result of beryllium poisoning, but this is a claim instituted while she was living, now prosecuted by her husband, for disability benefits due to the occupational disease...

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