Legal Opinion

Claim of Hedlund v. United Exposition Decorating Co.

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

Decided March 13, 1962PublishedCited by 2 opinions

1Opinion of the Court

*974In our view the *975board correctly found that claimant was last employed by this employer in an occupation in which he was subject to the contraction of and actually did contract the disease and properly charged it with the initial responsibility for the award. It is argued that the occupational disease was not contracted within the 12 months previous to the date of disablement. (Workmen’s Compensation Law, § 40.) This question was neither raised before the board nor passed upon by it. Appellants may not create this issue for the first time in this court. (Matter of La Barge v. Mercy Gen. Hosp.,…

2Cited by2 opinions

  1. Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
  2. Claim of Leary v. Ward Baking Co.Appellate Division of the Supreme Court of the State of New York · 1978

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