Claim of Dunleavy v. Walsh, Connelly, Senior & Palmer

The question of law is this: may a workman’s compensation claim for total disability from silicosis be denied as against Ms latest employer in a dust-exposure employment, because of expert testimony that he had become, medically, totally disabled while working for a different employer, some two years earlier Í The evidentiary facts are not disputed. Claimant’s work since about 1923, as a sandhog, had subjected him to various exposures of silica dust. In March, 1950, while so employed by an employer other than this respondent, he entered a hospital for treatment for thrombophlebitis, but a…