MATTER OF SCIBETTA v. COLORADO FUEL & IRON CORP.


9 A.D.2d 796 (1959)

In the Matter of the Claim of Richard Scibetta, Respondent, v. Colorado Fuel & Iron Corp. — Wickwire Spencer Steel Division et al., Appellants. Workmen's Compensation Board, Respondent

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

November 13, 1959


Dr. Nauen and Dr. Ullman testified to the causation which the board found. Appellants assert, first, that there was no substantial evidence of the pre-existing condition but Dr. Nauen stated his opinion, with a detailed statement of his reasons, as to the existence of the tubercle bacilli in the spine in a dormant state until activated by the trauma of the accidental injuries. Appellants urge, secondly, that claimant's proof of causation must be deemed unsubstantial because...

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