Legal Opinion

Claim of Jurkovich v. Northeast Constructors

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

Decided February 24, 1977PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a decision of the Workmen’s Compensation Board, filed April 9, 1976. The board found that claimant is suffering from pulmonary fibrosis, emphysema and bronchitis which he contracted during his employment with the employer. The appellants contend that there is no substantial evidence because claimant’s specialists did not substantiate his claim for a specific dust disease with reasonable medical certainty. It is well established that the Workmen’s Compensation Law does not require medical opinions to be expressed with positiveness or absolute certainty. The Court of Appeals has…

2Cases cited3 opinions

  1. Claim of Zaepfel v. E. I. Du Pont De Nemours & Co.Appellate Division of the Supreme Court of the State of New York · 1954
  2. Claim of Ernest v. Boggs Lake Estates, Inc.New York Court of Appeals · 1963
  3. Claim of Zaepfel v. E. I. du Pont de Nemours & Co.New York Court of Appeals · 1956

3Cited by3 opinions

  1. Claim of Castiglione v. Mechanical Technology, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Claim of Mitchell v. Nason's Delivery, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Claim of Musso v. Earth Movers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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