Legal Opinion · Dissent

Claim of Roettinger v. Great Atlantic & Pacific Tea Co.

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

Decided July 26, 1962Published

1DissentReynolds, J.

It is undisputed that claimant was completely disabled in April, 1956 and that the cause of disablement was pulmonary emphysema. For the 15-year period prior to April, 1956 during which claimant had been employed by appellant employer he had worked in various meat departments where he was almost continuously exposed to cold damp working conditions. Claimant testified that in 1950 he first noticed shortness of breath and that it gradually became worse until by 1955 he could no longer breathe when in a refrigerator. In 1956, while home in bed, claimant had a severe attack of shortness of breath…

2Cases cited5 opinions

  1. Matter of Goldberg v. 954 Marcy Corp.New York Court of Appeals · 1938
  2. Claim of Detenbeck v. General Motors Corp.New York Court of Appeals · 1956
  3. Matter of Harman v. Republic Aviation Corp.New York Court of Appeals · 1948
  4. Claim of Champion v. W. & L. E. GurleyNew York Court of Appeals · 1949
  5. Claim of Bishop v. Comer & Pollock, Inc.Appellate Division of the Supreme Court of the State of New York · 1937

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