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Lyden v. United Hospital

Supreme Court of New York, Appellate Division Third Department

May 11, 1949

No Number in Original


 [***1]   [*877]   [**744]  Memorandum Opinion

Appeal by an employer and insurance carrier from a decision and award made by the Workmen's Compensation Board in favor of claimant. The award was for reduced earnings due to disability occasioned by pulmonary tuberculosis as an  [*878]  occupational disease, which, appellants contend, was not competently sustained in fact or in law. Claimant's employment in question was that of a laboratory technician. The evidence is that upon entering it, in 1938, she was free from disease. She has no family history of tuberculosis nor that of contact with persons so afflicted except in the course of her employment wherein such contacts did occur, both as to patients so afflicted as well as in her exposure to cultures of live tubercle bacilli and sputum specimens containing them. Her health became somewhat impaired a few months prior to May, 1946, when X-ray examinations disclosed the tubercular affliction. The evidence and the reasonable inferences it permits, coupled with the applicable presumptions, support the decision and award. Decision and award unanimously affirmed, with costs to be divided between the claimant and the Workmen's Compensation [***2]  Board. Present - Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ. [See post, p. 1005.]

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275 A.D. 877 *; 88 N.Y.S.2d 743 **; 1949 N.Y. App. Div. LEXIS 4859 ***

In the Matter of the Claim of MARGARET LYDEN, Respondent, against UNITED HOSPITAL et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.


afflicted, claimant, tuberculosis, disease