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MATTER OF GORSKY v. CITY OF NEW YORK

7 A.D.2d 762 (1958)

In the Matter of the Claim of Margaret Gorsky, Respondent, v. City of New York et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

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

December 2, 1958

The board found decedent's death in 1953 due to coal miner's disease which it related to his employment as a fireman at Hunter College for a period of three months in 1946 and 1947. There was evidence that as an incident to his employment decedent was obliged to pick up loose coal falling to the floor from the conveyor which delivered coal to the furnace and that there was customarily "a certain amount" of coal dust in the air in the furnace room. The board invoked the presumption...

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