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MATTER OF MIDDLETON v. COXSACKIE CORR. FACILITY

45 A.D.2d 903 (1974)

In the Matter of Kenneth Middleton, Respondent, v. Coxsackie Correctional Facility et al., Appellants. Workmen's Compensation Board, Respondent

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

July 18, 1974

Even assuming arguendo that unlike Di Marco the instant claimant was able to show an exposure to an inmate from which he could have contracted tuberculosis, as we said there (p. 624): "In order to sustain an award when a disease, not the natural and unavoidable result of employment (cf. Matter of Esposito v. N. Y. S. Willowbrook State School, 38 A.D.2d 985) is developed during the course of employment, it must be established...

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