MATTER OF GRIFFIN v. GRIFFIN & WEBSTER


283 A.D. 145 (1953)

In the Matter of the Claim of Albert Griffin, Respondent, v. Griffin & Webster, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 22, 1953.


Attorney(s) appearing for the Case

Noel S. Symons for appellants.

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

Kirkpatrick & Tiernan for claimant-respondent.

FOSTER, P. J., COON and IMRIE, JJ., concur; HALPERN, J., concurs in result.


BERGAN, J.

The question is presented in pointed form by this case whether a man who has a nonoccupational illness aggravated by his employment suffers, in that aggravation, an "occupational disease" within the scope of subdivision 2 of section 3 of the Workmen's Compensation Law. It can often be found readily enough, as it has been found here, that the aggravation and consequent disability are brought home directly...

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