Legal Opinion

Claim of Kilby v. Charles S. Wilson Memorial Hospital

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1951PublishedCited by 6 opinions

1Opinion of the CourtBergan, J.

The Workmen’s Compensation Law. makes provision for occupational diseases which may be contracted in the course of similar employments with more than one employer.

This appears in section 40 which sets up a time limit on claims affecting equally work for the same employer and “ similar ” employment for more than one, and section 44 provides the manner in which a liability running through work for more than one employer shall be apportioned among them. The two sections complement each other and 44 has meaning only in its implementation of 40.

The Workmen’s Compensation Board in urging here that…

2Cited by6 opinions

  1. Wagner v. LaSalle Foundry Co.Michigan Supreme Court · 1956
  2. Claim of Bahry v. Nu-Glamore Beauty Salon, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
  3. Claim of Lattrell v. General Hospital of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 1954
  4. Claim of Matice v. Groveton Papers Co.Appellate Division of the Supreme Court of the State of New York · 1981
  5. Claim of Miltz v. MillsAppellate Division of the Supreme Court of the State of New York · 1969

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