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Matter of Lucarelli v. General Railway Signal Co.

Appellate Division of the Supreme Court of New York, Third Department
Nov 28, 1949
276 App. Div. 799 (N.Y. App. Div. 1949)

Opinion

November 28, 1949.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.


Decedent was employed as a molder for fourteen years between 1918 and 1932. His work exposed him to the harmful inhalation of silica sand. In 1932 decedent was discharged because of poor business conditions. At that time he was suffering from the effects of silicosis but had not been disabled. In 1937, he was rehired by the employer as a molder with the result that he was further exposed to silica sand. In September, 1947, the decedent became ill and he was operated on for an infected gall bladder. After the operation he developed bronchial pneumonia from which he died on September 20, 1947. The direct cause of death was bronchial pneumonia due to chronic silicosis. The sole issue on this appeal is whether the silicosis, with which the decedent was afflicted, contributed to his death. The board found that there was causal relation between the death and silicosis, which the decedent had contracted during the course of his employment. The evidence sustains the finding. Award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Lucarelli v. General Railway Signal Co.

Appellate Division of the Supreme Court of New York, Third Department
Nov 28, 1949
276 App. Div. 799 (N.Y. App. Div. 1949)
Case details for

Matter of Lucarelli v. General Railway Signal Co.

Case Details

Full title:In the Matter of the Claim of LUIGI LUCARELLI, Deceased, Respondent…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 28, 1949

Citations

276 App. Div. 799 (N.Y. App. Div. 1949)

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