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This case concerns an appeal from a Workers’ Compensation Board decision regarding an occupational disease claim. The claimant, employed by Elm Coated Fabrics, developed pulmonary fibrosis and emphysema due to workplace exposure. The central issue was determining the date of disablement to establish liability between two insurance carriers: Maryland Casualty Co. (carrier on initial diagnosis, March 20, 1973) and CNA Insurance Company (carrier on total disablement, August 24, 1973). The Board, affirmed by a referee, set the date of disablement as March 20, 1973, holding Maryland liable and requiring reimbursement to CNA. The employer and Maryland appealed, but the appellate court affirmed the Board's decision, citing substantial medical evidence and precedent supporting the earlier date.
Claim of Gude v. Elm Coated Fabrics Div. of W. R. Grace Co. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
This case concerns an appeal from a Workers’ Compensation Board decision regarding an occupational disease claim. The claimant, employed by Elm Coated Fabrics, developed pulmonary fibrosis and emphysema due to workplace exposure. The central issue was determining the date of disablement to establish liability between two insurance carriers: Maryland Casualty Co. (carrier on initial diagnosis, March 20, 1973) and CNA Insurance Company (carrier on total disablement, August 24, 1973). The Board, affirmed by a referee, set the date of disablement as March 20, 1973, holding Maryland liable and requiring reimbursement to CNA. The employer and Maryland appealed, but the appellate court affirmed the Board's decision, citing substantial medical evidence and precedent supporting the earlier date.
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