Madore v. New Departure Manufacturing Co.

The fundamental question of law upon this appeal is whether the court erred in holding that the conclusion of the commissioner — that the tuberculosis from which the claimant suffers arose out of his employment with the defendant manufacturing company — was not inconsistent with the subordinate facts found by him. We will first restate what conditions must exist in order to support the conclusion that a disease, such as tuberculosis, arose out of the employment, and next determine what, if any, corrections of the finding must be made, and then make application of the rule of law as stated, to…