Opinion
October 27, 1967
Appeal by employer and one of its insurance carriers from a decision of the Workmen's Compensation Board which awarded death benefits. Appellants contend that the board erred in finding (1) New York has jurisdiction of the claim, (2) that death was causally related to occupational disease and (3) the date of disablement as September 29, 1956. On this record the board could find sufficient contacts with this State to say employment was located here (see Matter of Nashko v. Standard Water Proofing Co., 4 N.Y.2d 199; cf. Matter of Rutledge v. Kelly Miller Bros., 18 N.Y.2d 464). The evidence in this case as to occupational disease and causal relationship is clearly substantial ( Matter of Palermo v. Gallucci Sons, 5 N.Y.2d 529), and the board's determination of the date of disablement is also supported by substantial evidence (see Matter of Richardson v. National Container Corp., 23 A.D.2d 904). Decision affirmed, with one bill of costs to respondents filing briefs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.