MATTER OF ESPERSON v. GOWANDA STATE HOSP.


12 A.D.2d 561 (1960)

In the Matter of the Claim of Anna E. Esperson, Respondent, v. Gowanda State Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

November 4, 1960


There is substantial evidence that claimant sustained an occupational disease arising out of and in the course of her employment with causally related disability. The real contention of appellants is that the disease was not contracted within 12 months previous to the date of disablement, and that therefore the award is barred by section 40 of the Workmen's Compensation Law. While the board agrees that more than 12 months elapsed between contraction and the date which it...

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