193 A.D. 601 | N.Y. App. Div. | 1920
At the close of the evidence in this case the representative of the insurance' carrier stated the appellants’ position as follows: “It is the contention of the carrier in this case that the weight of the testimony presented shows that there has been no connection between the accident to the deceased which happened on May 21, 1918, and the death of the deceased which took place on October 1, 1919; said death having resulted from tuberculosis of the lungs.” The evidence shows that the deceased, husband of this claimant, worked for the employer, appellant, at Port Dickinson, N. Y., as a mason; that on the 21st day of May, 1918, while so at work a ladder which he had mounted to the height of eighteen or twenty feet tipped over, causing him to fall that distance, where he struck his left side on a pipe or box, strained his left side, back and ankle; and one of the physicians, the one who had treated him from the time of the injury, said that some of his short ribs were fractured and loosened. There is no potential evidence against these facts, and the last is disputed by inference only. On the fifth day of August the employer entered into an agreement with the injured man conceding the injuries and agreeing upon compensation, which agreement was approved by the State Industrial Commission. He did some work after that but did not recover, to any extent, his strength or previous health, and in about one year developed tuberculosis of the right lung from which he died on the 1st day of October, 1919. Doctors for both sides agree that for a period of time after the injury the several examinations did not disclose tuberculosis and that there was an absence of any symptoms denoting _ active presence of that disease. Aftér death the widow, the claimant here, sought and was awarded compensation for the death of her husband, as if the trouble which caused his death finally was traceable to the injury he received on the twenty-first day of May of the previous year. It is not disputed, and is in this case conceded, that the tubercular germs inhabit the human system
The award should be affirmed.
Award unanimously affirmed.