MATTER OF MILLER v. COLONIAL SAND & STONE CO.


11 A.D.2d 824 (1960)

In the Matter of the Claim of Edward Miller, Respondent, v. Colonial Sand & Stone Co. et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

July 12, 1960


The board has determined that claimant's total disability is the result of an occupational disease under section 3 (subd. 2, par. 29) of the Workmen's Compensation Law, and hence the carrier is not entitled to reimbursement from the Special Fund. Appellants contend that claimant's disability should be classified as a dust disease under paragraph 28, in which event they would be entitled to reimbursement. The classification of the disability is the only issue. During his last...

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