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MATTER OF HUTTON v. ST. JOSEPH LEAD CO.

30 A.D.2d 1001 (1968)

In the Matter of the Claim of Ira Hutton, Respondent, v. St. Joseph Lead Company, Appellant, 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.

October 22, 1968

GIBSON, P. J.

The date of disablement was found to be July 21, 1965. Appellant first attacks as arbitrary and unsupported by substantial evidence the board's finding that claimant's 1962 application to reopen his 1952 claim constituted a new and timely claim. The 1952 claim had alleged pneumoconiosis due to dust and had been closed in 1954 for failure to prosecute, following a diagnosis by the board's expert consultant of emphysema unrelated to the employment...

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