MTR. OF RYCIAK v. E. PRECISION


12 N.Y.2d 29 (1962)

In the Matter of the Claim of John W. Ryciak, Respondent, v. Eastern Precision Resistor et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1962.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel Polansky, Paxton Blair and Roy Wiedersum of counsel), for appellant.

Morris N. Lissauer, Joseph M. Soviero and George J. Hayes for Eastern Precision Resistor and another, respondents.

No appearance for John W. Ryciak, respondent.

Abraham Markhoff for State Association of Trial Lawyers, amicus curiæ.

Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Chief Judge DESMOND.

The law question is this: may the Workmen's Compensation Board fix as the "date of disablement" for a sufferer from an occupational disease the date when he first received medical treatment and thus impose liability on the carrier for the cost of medical treatment after that date even when there is no loss of earnings, or must the "date of disablement" for such purposes be deferred until the...

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