Belanowitz v. Travelers Insurance

Hartshorne, G. P. J.

This workmen’s compensation rule hinges on two questions, first a procedural one, as to the imposition of liability on the insurance carrier after same has already been fixed as to the employer; second, a substantive one, as to whether the functional disability test, applicable in case of accidental injuries, also applies to compensable occupational diseases.

A brief statement of the facts, in chronological order, will be helpful. During 1933 the workman-petitioner was employed by the A. Fishman Hat Company, Inc., as a result of which he was exposed to mercury poisoning, a…