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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Claim of Nardo v. Rheinstein Construction Co.

The claimant, an electrician, developed Dupuytren's Contracture after years of work involving pressure on his hands. The Workmen's Compensation Board awarded him compensation, finding the disease to be occupational. Appellants argued that the disease's cause is unknown, it affects the general population, and the claimant had a constitutional defect predisposing him to it, thus preventing an award. The court rejected this rigid test, stating that medical opinion supported the finding that the claimant's work accelerated and adversely affected the disease. The court noted Dupuytren's Contracture has been frequently linked to repeated heavy hand use in occupations like brewery workers. The award was unanimously affirmed.

Occupational DiseaseDupuytren's ContractureWorkmen's Compensation BoardMedical OpinionCausal ConnectionAppellate ReviewEmployer LiabilityWork-Related InjuryConstitutional DefectHand Injuries

References

Case No. MISSING

Regular Panel Decision

Edwards v. State

The case involves an appeal from a decision and award of the Workmen’s Compensation Board. The claimant, employed by John Eiehler Brewing Company and its successor Liebmann Breweries, Inc., became disabled on December 16, 1950, due to Dupuytren’s contracture, an occupational disease common among brewery workers. The court determined that continued employment with the merged corporation constituted working for the 'same employer' in the 'same employment' for the purposes of Workmen’s Compensation Law § 40. The decision affirms that despite a prior dismissed claim for an accident in 1944, a new claim for occupational disease can be filed if the disease continues and there is subsequent exposure and disability. The award was unanimously affirmed, with costs to the Workmen’s Compensation Board.

Occupational DiseaseDupuytren’s ContractureWorkers' Compensation LawCorporate MergerEmployer LiabilityDisablementClaim Statute of LimitationsContinuous ExposureAppealAffirmed

References

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Claim of Nardo v. Rheinstein Construction Co.

Occupational DiseaseDupuytren's ContractureWorkmen's Compensation BoardMedical OpinionCausal ConnectionAppellate ReviewEmployer LiabilityWork-Related InjuryConstitutional DefectHand Injuries

Edwards v. State

Occupational DiseaseDupuytren’s ContractureWorkers' Compensation LawCorporate MergerEmployer LiabilityDisablementClaim Statute of LimitationsContinuous ExposureAppealAffirmed