MATTER OF SMITH v. EVERGREEN CEMETERY ASSOC.


19 A.D.2d 675 (1963)

In the Matter of the Claim of Russel C. Smith, Respondent, v. Evergreen Cemetery Assoc. et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

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

June 27, 1963


In June, 1958, a Referee's decision was handed down holding that claimant, a cemetery caretaker, had traumatic osteoarthritis of both hips and finding "accident", notice and causal relationship. There is no question that the finding of an accident is erroneous, the disability, if connected with employment at all, resulting from an occupational disease. Nevertheless, no appeal was taken even to the board from this decision nor was any question raised as to the propriety thereof...

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