MTR. OF KINDLICK v. NASSAU SMELTING


12 A.D.2d 4 (1960)

In the Matter of the Claim of John Kindlick, Respondent, v. Nassau Smelting & Refining Company, Respondent, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent

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

December 2, 1960.


Attorney(s) appearing for the Case

John M. Cullen for appellant.

Benjamin Grossman for claimant-respondent.

Joseph D. Edwards for Nassau Smelting & Refining Company, respondent.

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

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


BERGAN, P. J.

The liability of the Special Fund for Reopened Cases depends in the first instance in this case on whether the claimant was "disabled" from lead poisoning on July 10, 1939. It could be found that claimant was then suffering from lead poisoning contracted in the employment; but he lost no wages, and it is clear that the statute imposes the test on disablement from occupational diseases, that the employee...

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