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MATTER OF MILLER v. NAT'L CABINET CO.

8 A.D.2d 281 (1959)

In the Matter of the Claim of Bertha Miller, Respondent, v. National Cabinet Company et al., Appellants, and Michigan Mutual Insurance Company, Respondent. Workmen's Compensation Board, Respondent

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

June 17, 1959.

Attorney(s) appearing for the Case

Lewis & Lyons (Benedict T. Mangano and La Verne G. Lewis of counsel), for appellants.

D. Joseph DeAndrea for claimant-respondent.

Tucker & Bisselle (Morgan F. Bisselle and Warren C. Tucker of counsel), for Michigan Mutual Insurance Company, respondent.

Louis J. Lefkowitz, Attorney-General (Roy Wiedersum and Henriette Frieder of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON and REYNOLDS, JJ., concur with GIBSON, J.; HERLIHY, J., dissents in a memorandum.

GIBSON, J.

This appeal in a workmen's compensation case by an employer and one of its insurance carriers presents the factual issue of causal relation as between the disease leukemia and the supposed inhalation of benzol. In addition, a question of law is posed by appellants' challenge to the authority of the Workmen's Compensation Board to apportion liability as against successive carriers of the same employer...

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