Kilvady v. United States Steel Corp.

Dissenting Opinion by

Senior Judge Kalish :

I respectfully dissent.

When the deceased retired, he was being treated by his physician, Dr. E. F. Kleinschmidt, for pulmonary emphysema. Silicosis was never diagnosed as the cause of his disability. It was only after his death and autopsy some twelve years after retirement that Dr. Kleinschmidt changed his diagnosis and concluded that silicosis was indeed the cause of decedent’s disability which existed at the time of retirement. This widow then filed her death claim which was within the sixteen months of the date of death but beyond the four years…