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MATTER OF KILBY v. WILSON MEM'L HOSP.

278 A.D. 273 (1951)

In the Matter of the Claim of Ina M. Kilby, Respondent, v. Charles S. Wilson Memorial Hospital et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1951.

Attorney(s) appearing for the Case

Bernard Katzen, General Attorney of State Insurance Fund (Victor Fiddler and George J. Hayes of counsel), for Biggs Memorial Hospital and State Insurance Fund, appellants.

John E. Gaffney for Charles S. Wilson Memorial Hospital and Liberty Mutual Insurance Company, appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Ina M. Kilby, claimant-respondent in person.

FOSTER, P. J., BREWSTER, DEYO and COON, JJ., concur.

BERGAN, J.

The Workmen's Compensation Law makes provision for occupational diseases which may be contracted in the course of similar employments with more than one employer.

This appears in section 40 which sets up a time limit on claims affecting equally work for the same employer and "similar" employment for more than one, and section 44 provides the manner in which a liability running through work for...

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