Matter of Hill v. Samaritan Hospital
New York Court of Appeals
I. The claim against the New York Hospital is barred because of the failure of the claimant to file such claim within two years prior to February 10, 1942, the date of disablement. (Matter of Twonko Y. Rome Brass & Copper Co., 224 N. Y. 263; Matter of Lissow v. Mabbett Motors, Inc., 279 N. Y. 585; Matter of Duquette v. General Elec. Co., 257 App. Div. 881; Matter of Casale v. Rockioood & Co., 259 App. Div. 767.) II.
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I. The claim against the New York Hospital is barred because of the failure of the claimant to file such claim within two years prior to February 10, 1942, the date of disablement. (Matter of Twonko Y. Rome Brass & Copper Co., 224 N. Y. 263; Matter of Lissow v. Mabbett Motors, Inc., 279 N. Y. 585; Matter of Duquette v. General Elec. Co., 257 App. Div. 881; Matter of Casale v. Rockioood & Co., 259 App. Div. 767.) II. The claim against the New York Hospital is also barred under section 40 of the Workmen’s Compensation Law because the disease at the New York Hospital was contracted more than…
1Per curiam
The finding of the Workmen’s Compensation Board that the claimant became disabled on February 10, 1942, as a result of pulmonary tuberculosis, an occupational disease which was due to the nature of her employment and was contracted by her within twelve months previous to the date of her disablement is supported by the evidence. Such finding, when taken in connection with the finding that- she completed her training as an affiliate student nurse at the New York Hospital on May 1,1940, brings her claim against the appellant, New York Hospital, within the statutory limitation of time barring…
2Cases cited2 opinions
- Matter of Crowley v. Yonkers Herald Publishing CompanyNew York Court of Appeals · 1937
- Claim of Crowley v. Yonkers Herald Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by3 opinions
- Bird v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1959
- Claim of Cerame v. Midland Rochester Co.Appellate Division of the Supreme Court of the State of New York · 1949
- Claim of Seifer v. Kings Park State HospitalAppellate Division of the Supreme Court of the State of New York · 1965