MATTER OF CANNY v. WALSH CONSTR. CO.


7 A.D.2d 688 (1958)

In the Matter of the Claim of Dennis Canny, Respondent, v. Walsh Construction Company et al., Appellants and Walsh, Senior, Palmer & Connolly et al., Respondents. Workmen's Compensation Board, Respondent

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

November 10, 1958


The apportionment was made pursuant to section 44 of the Workmen's Compensation Law and on the basis of claimant's employment, under compressed air, by appellant employer for 40 days in 1937 and 1938 and by respondent employer for 5 days in 1952. There was substantial medical evidence attributing claimant's contracting of the disease to both employments, disablement not occurring, however until 1952. Appellants contend that, by implication, apportionment under section 44...

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