Legal Opinion

Claim of Lounsbury v. United States Gypsum Co.

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

Decided July 15, 1964Published

1Per curiam

The board’s finding of a “definite link between * * * occupation and exposure * * * and the aggravation of a pre-existing bronchiectasis * * * necessitating a left pneumonectomy” (emphasis supplied) is not the equivalent of a finding of a link between the employment and the particular disease; that is, “ between the disease and some distinctive feature of the claimant’s job”, in which case the pre-existing condition would not bar an award if claimant developed "what would ordinarily be an occupational disease”. (Matter of Detenbeck v. General Motors Corp., 309 N. Y. 558, 562, 561.) Although,…

2Cases cited2 opinions

  1. Claim of Detenbeck v. General Motors Corp.New York Court of Appeals · 1956
  2. Matter of Pinto v. Competent Fur Dressers, St. Ins. Fd.New York Court of Appeals · 1948

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API