Matter of Harman v. Republic Aviation Corp.
New York Court of Appeals
Claimant failed to establish an occupational disease within the Workmen’s Compensation Law. (Goldberg v. 954 Marcy Corp., 276 Y. 313; Matter of Nielsen v. Fireman’s Fund Ind. Co., 239 App. Div. 239.) The disability of claimant was due to an occupational disease. (Goldberg v. 954 Marcy Corp., 276 N. Y. 313; Matter of Leonbruno v. Champlain Silk Mills, 229 N. Y. 470; Matter of Mason v. Y. W. C. A. of City of New York, 271 App.
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Claimant failed to establish an occupational disease within the Workmen’s Compensation Law. (Goldberg v. 954 Marcy Corp., 276 Y. 313; Matter of Nielsen v. Fireman’s Fund Ind. Co., 239 App. Div. 239.) The disability of claimant was due to an occupational disease. (Goldberg v. 954 Marcy Corp., 276 N. Y. 313; Matter of Leonbruno v. Champlain Silk Mills, 229 N. Y. 470; Matter of Mason v. Y. W. C. A. of City of New York, 271 App. Div. 1042, 297 N. Y. 1037; Matter of Peloso v. D’Alessio Bros., 272 App.- Div. 984, 298 N. Y. 582; Matter of Gaites v. Society for Prevention of Cruelty to Children, 277…
1Opinion of the CourtFuld, J.
James Harman was one of two hundred employees working in the clean and well-ventilated tool and rig shop of the Republic Aviation Corporation. As foreman’s assistant, he was required to read blueprints, lay out work, and, in general, keep the men supplied with tasks and examine and check what they did. His duties brought him in fairly close contact with all of the men and with Rodney Humphrey in particular. Those two, doing substantially the same sort of work, had benches but a few feet apart, conferred constantly on jobs that “ would tie in together,” shared tools, and, with everybody else,…
2Cases cited10 opinions
- Matter of Goldberg v. 954 Marcy Corp.New York Court of Appeals · 1938
- Matter of Lerner v. Rump Bros.New York Court of Appeals · 1925
- Grain Handling Co. v. SweeneyCourt of Appeals for the Second Circuit · 1939
- Barrencotto v. Cocker Saw Co.New York Court of Appeals · 1934
- Seattle Can Co. v. Department of Labor & IndustriesWashington Supreme Court · 1928
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3Cited by45 opinions
- Booker v. Duke Medical CenterSupreme Court of North Carolina · 1979
- Air Mod Corporation v. NewtonSupreme Court of Delaware · 1965
- Claim of Detenbeck v. General Motors Corp.New York Court of Appeals · 1956
- Flor v. HolguinHawaii Supreme Court · 2000
- Van Geuder v. Commonwealth, Medical College of VirginiaSupreme Court of Virginia · 1951
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