Legal Opinion · Dissent

Claim of Whitmyre v. International Business Machines Corp.

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

Decided November 15, 1934Published

1Dissent

McNamee, J. (dissenting).

The deceased had been employed in the factory of the appellant employer for about seven years immediately before his death, and during that time was periodically disabled by the occupational disease known as benzol poisoning; and he became finally disabled, and stopped work on December 9, 1930. His death occurred October 14, 1931. The Industrial Board found that the decedent “ had been exposed to benzol over a period of several years while working for the same employer; ” that his death was due to benzol poisoning, and that he became disabled on December 9, 1930,…

2Cases cited3 opinions

  1. Claim of Solomone v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1920
  2. People v. . WendelNew York Court of Appeals · 1916
  3. Claim of Blatchley v. Dairymen's League Co-operative Ass'nAppellate Division of the Supreme Court of the State of New York · 1929

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