Opinion
August 1, 1961
Appeal by the employer and its carrier from a decision and award of the Workmen's Compensation Board on the grounds that there is no substantial evidence to support a finding of any occupational disease or any injurious exposure which could cause an occupational disease. Decedent died on July 1, 1953 of cerebral vascular hemorrhage precipitated by acute myelogenous leukemia. For three and one-half years prior to his terminal illness decedent worked as a stitching machine operator in a shoe factory. There is evidence that decedent came in contact with minimal amounts of benzol due to exposure by occasionally working on goods which were still wet with a paste containing benzol and from the application of the paste within approximately 20 feet from where decedent worked. Conflicting testimony as to whether such exposure could result in acute myelogenous leukemia is presented. Claimant's expert witnesses have stated that there is no known minimal amount of benzol exposure which could not prove harmful and that to the supersensitive individual even traces of benzol could be severely injurious. Claimant's experts stated with as much medical certainty as can honestly be expressed in cases of this type that decedent's exposure to benzol resulted in his death. The report of the impartial specialist was also to this effect. There being substantial evidence in the record, the board's decision on these factual issues must be determinative ( Matter of Zaepfel v. du Pont de Nemours Co., 284 App. Div. 693, affd. 309 N.Y. 962). Decision and award affirmed, with costs to the Workmen's Compensation Board. Gibson, J.P., Herlihy, Reynolds and Taylor, JJ., concur.