Opinion
March 16, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
Claimant was an assistant buyer and examiner of dresses in appellant's merchandising business. In February, 1943, claimant fell over an iron clothes rack, striking her left breast on an iron bar at the bottom of the rack. Medical proof establishes an association between the resulting injury and the development of a cancer of the breast which required removal of the breast by radical mastectomy on November 15, 1943. Report of the accident was not made to the employer until November 8, 1943, at the time of her entry into the hospital. Claimant had consulted a physician in April, 1943. A small lump was discovered. The physician suggested it be drained but did not indicate to claimant its seriousness and not until late in October, 1943, when he advised immediate surgery did the claimant regard the condition as serious. There is no medical opinion that earlier surgery would have produced a different result. The finding by the board that employer was not prejudiced by the delay in giving notice and its further finding that in view of claimant's medical advice there was a sufficient reason why earlier notice could not have been given both have a foundation on the evidence in the record. ( Matter of Talbot v. Kress, 273 N.Y. 512.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.