Legal Opinion

Claim of Wood v. Queen City Neon Sign Co.

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

Decided May 13, 1953PublishedCited by 7 opinions

1Opinion of the CourtBergan, J.

This is a beryllium poisoning case and the main question is whether on the whole record there is proof sufficient to bring the claim within section 40 of the Workmen’s Compensation Law. The employee, Dorothy Wood, died in 1951 as a result of beryllium poisoning, but this is a claim instituted while she was living, now prosecuted by her husband, for disability benefits due to the occupational disease. The husband claimant is also the employer; but the adversity of interest seems adequately maintained by the carrier appellant.

Decedent and her husband both began working in 1937 as employees of…

2Cases cited3 opinions

  1. Matter of Schmidt v. Wolf Contracting Co., Inc.New York Court of Appeals · 1946
  2. Hession v. Sari CorporationNew York Court of Appeals · 1940
  3. Claim of Metzger v. Metzger PressNew York Court of Appeals · 1950

3Cited by7 opinions

  1. Claim of McCann v. Walsh Construction Co.Appellate Division of the Supreme Court of the State of New York · 1953
  2. Claim of Mlodozeniec v. Worthington Corp.Appellate Division of the Supreme Court of the State of New York · 1959
  3. Townsley v. Miami Roofing and Sheet Metal CompanySupreme Court of Florida · 1955
  4. Claim of Citny v. Atlas Steel Casting Co.Appellate Division of the Supreme Court of the State of New York · 1969
  5. Claim of Capuano v. Ideal Roller & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1965

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