MATTER OF SMITH v. INGERSOLL-RAND CO.


50 A.D.2d 988 (1975)

In the Matter of Leona M. Smith, Appellant, v. Ingersoll-Rand Company, Respondent, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

December 18, 1975


On May 25, 1960 claimant's decedent was admitted to the hospital for evaluation and treatment of silicosis and tuberculosis, and eventually after a hearing before a referee, an award was made with that date found as the date of total disablement. When this finding was made, claimant's decedent had spent 69 days in the hospital, but also had already long since, in fact, returned to work and remained thereat until November, 1971. Claimant now seeks to establish that the date...

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