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MATTER OF WITHERS v. E.I. DU PONT DE NEMOURS CO

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1943
266 App. Div. 928 (N.Y. App. Div. 1943)

Opinion

September 22, 1943.

Appeal from State Industrial Board.


This award was made under the provisions of article 4-A of the statute, which prescribes payment of compensation for disability resulting from a dust disease. The evidence sustains the finding that claimant became disabled as a result of bronchitis and consequential emphysema which resulted therefrom while blowing dust out of machines in the employer's plant. The initial bronchitis aggravated a pre-existing and now disabling cardiac pathology, all of which caused claimant to be totally disabled from February 11, 1939, to May 1, 1941. The bronchitis, together with the consequential emphysema, was held to be a dust disease within the meaning of article 4-A of the Workmen's Compensation Law. Award affirmed, with costs to the State Industrial Board. All concur.


Summaries of

MATTER OF WITHERS v. E.I. DU PONT DE NEMOURS CO

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1943
266 App. Div. 928 (N.Y. App. Div. 1943)
Case details for

MATTER OF WITHERS v. E.I. DU PONT DE NEMOURS CO

Case Details

Full title:In the Matter of the Claim of FRANCIS WITHERS, Respondent, against E.I. DU…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 22, 1943

Citations

266 App. Div. 928 (N.Y. App. Div. 1943)

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