Summary
In Matter of Moore v. Colonial Sand Stone Co. (261 App. Div. 857, motion for leave to appeal denied 285 N.Y. 860) an award was allowed on the ground that a pre-existing dormant condition of tuberculosis was aggravated by claimant's occupation as a truck washer and greaser.
Summary of this case from Matter of Detenbeck v. General Motors Corp.Opinion
January 15, 1941.
Appeal from State Industrial Board.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
Claimant's employer was engaged in the building material business and the maintenance and operation of trucks. Claimant was a truck washer and greaser. The State Industrial Board has found that he became disabled because he suffered from a far-advanced bi-lateral pulmonary tuberculosis, an occupational disease which he contracted due to the nature of his employment and while engaged in his employment. In washing and greasing the trucks claimant worked continually around water in the garage in which there was no heat, doing the same work at night, when he had to get under the trucks with nothing to put under him. The evidence shows a natural progression from these exposures to the development of the tuberculosis and the medical proof is to the effect that the disease was caused and aggravated by the occupation. Award unanimously affirmed, with costs to the State Industrial Board.