Claim of Vanderslice v. Young 235 N.Y. 574

In the Matter of the Claim of Lillian Vanderslice, Respondent, against Louis Young et al., Appellants. State Industrial Board, Respondent.

Workmen’s compensation — sufficiency of evidence to warrant finding that the proximate cause of death from cancer in the neck was an injury to the.hand received nine months before.

Vanderslice v. Young, 204 App. Div. 840, affirmed.-

(Argued February 28, 1923;

decided March 20, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 28, 1922, affirming an award of the state industrial board made under the Workmen’s Compensation Law. The employer was a fish merchant. The work of the employee was to open oysters. The state industrial commission found that on November 10, 1919, a blister upon the palm of the right hand was broken while the employee was opening oysters; that, as a result, blood poisoning developed in the right hand; that the employee returned to work on December 11, 1919, but that the infection was never eliminated; that in April, 1920, it began to spread from the hand up the right arm and that in May, 1920, it reached the deep cervical glands under the right clavicle, near the thoracic duct; that, as a result, a cancer developed in the said glands and spread to the tongue and tonsils; that, on July 27, 1920, the employee was operated upon for the said cancer; that he died on August 29, 1920; as the result of a hemorrhage, the hemorrhage being caused by the said cancer, and the *575proximate cause of death being the injury received on November 10, 1919.

F. A. W. Ireland and Robert M. McCormick for appellants.

Carl Sherman, Attorney-General (E. C. Aiken of counsel), for respondent.