Opinion
November 19, 1947.
Appeal from Workmen's Compensation Law.
Appellant contests the award on the ground that the silicotic condition was not, per se, the sole cause of total disability. Claimant suffered also from bronchietasis and chronic hypertensive heart disease. But there is medical testimony to the effect that while the silicosis alone was not totally disabling it became so in conjunction with the other pathological conditions present. This was sufficient to sustain the finding of the Board. ( Matter of Withers v. E.I. du Pont de Nemours Company, 266 App. Div. 928.) Since claimant has been found to have been totally and permanently disabled the form of the award was proper, and we have no authority to direct a change in that respect. Award affirmed, with costs to the Workmen's Compensation Board. Hill, P.J., Heffernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.