Claims of Van Keuren v. Dwight Divine & Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Dwight Divine & Sons and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 6th' day of February, 1917.
1Opinion of the Court
Cochrane, J.:
The Commission has found that the deceased at the time of his injury had dormant tuberculosis which was aggravated by the injury so that it became acute and caused his death. These findings are supported by the evidence and are conclusive on this court. An injury under the statute is one “ arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.” (Workmen's Compensation Law [Consol. Laws, chap. 67; Laws of 1914, chap. 41], § 3, subd. 7.) It seems to me that there is a fallacy in the reasoning of the opinion of…
2Cited by7 opinions
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- Pinyon Queen Mining Co. v. Industrial CommissonUtah Supreme Court · 1922
- United States Fidelity & Guaranty Co. v. MaddoxCourt of Appeals of Georgia · 1935
- Mississippi Central R. R. v. LottMississippi Supreme Court · 1918
- Claim of Finkelday v. Henry Heide, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
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