MATTER OF DUNLEAVY


309 N.Y. 8 (1955)

In the Matter of the Claim of Timothy Dunleavy, Appellant, v. Walsh, Connelly, Senior & Palmer et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1955


Attorney(s) appearing for the Case

Louis Mendelson and William Doblin for appellant.

Albert P. Thill for Walsh, Connelly, Senior & Palmer and another, respondents.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DESMOND, J.

The question of law is this: may a workman's compensation claim for total disability from silicosis be denied as against his latest employer in a dust-exposure employment, because of expert testimony that he had become, medically, totally disabled while working for a different employer, some two years earlier? The evidentiary facts are not disputed. Claimant's work since about 1923, as a sandhog, had...

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