Legal Opinion

Claim of Gates v. Gouverneur Talc Co.

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

Decided October 18, 1979Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed April 14, 1978. The board found: "the evidence, particularly the testimony of Dr. Brock, Dr. Miller and Dr. Port, indicates claimant had pneumoconiosis-talcosis to a minimal degree * * * that a claim for bronchi*639tis would be barred by Section 28 and that there is no significant evidence of causally related bronchitis; further that the medical evidence fails to show that the claimant’s minimal causally related talcosis aggravated claimant’s underlying cardiac condition.” The evaluation of medical evidence is a prerogative of the…

2Cases cited3 opinions

  1. Claim of House v. International Talc Co.Appellate Division of the Supreme Court of the State of New York · 1976
  2. the Claim of McDonald v. Atlas Steel Casting Co.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Claim of Wall v. Premium Transport ServiceAppellate Division of the Supreme Court of the State of New York · 1979

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