MATTER OF MAKOWSKI v. DARLING & CO.


18 A.D.2d 1120 (1963)

In the Matter of the Claim of Victoria Makowski, Respondent, v. Darling & Company et al., Appellants, and Aetna Casualty & Surety Company, Respondent. Workmen's Compensation Board, Respondent

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

April 4, 1963


The real controversy in this case is whether the insurance carrier in 1958 or the appellant carrier which assumed the risk in 1959 is liable for the award. There is no controversy over the right of the claimant to death benefits. The evidence adduced showed that the rupture became progressively larger as time went on. There was medical testimony that the rupture could be considered as of a slowly developing nature and caused by decedent's work. There is no direct testimony...

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