MATTER OF LEFFLER v. B. T. BABBITT, INC.


33 A.D.2d 524 (1969)

In the Matter of the Claim of Norman Leffler, Respondent, v. B. T. Babbitt, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

September 11, 1969


GIBSON, P. J.

The employer and carrier concede that claimant suffers from silicosis causally related to the employment but contend that claimant is not permanently and totally disabled, so as to be entitled to benefits. (Workmen's Compensation Law, § 39.) Dr. Davies, the board's impartial specialist, and, incidentally, the only expert in chest diseases to report or testify, stated in his report that "claimant has a pulmonary silicosis [and] * * ...

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