Thus, there is presented a classic example of that murky area where we must distinguish between accident and disease. When this occurs, "[t]he tests to be applied are those of common understanding as revealed in common speech" (Matter of Connelly v Hunt Furniture Co., 240 N.Y. 83, 85). From the medical evidence in this record, it must be concluded that in claimant's case, the irritating agents "absorbed into the system through normal channels of entry", and "the absorption [being] incidental to a bodily process both natural and normal, their action presents itself to the mind as a disease and not an accident" (supra, at 85-86; see, Matter of Albrecht v Orange County Community Coll., 61 A.D.2d 1068, affd 46 N.Y.2d 959). Accordingly, the Board's decision must be reversed and the claim dismissed. Decision reversed, with costs against the Workers' Compensation Board, and claim dismissed.
This court, one Justice dissenting, after observing that the board's decision was ambiguous, affirmed disallowance of the claim reasoning that the professor's death was not the product of an "accident" within the meaning of the Workers' Compensation Law ( 61 A.D.2d 1068). The Court of Appeals also affirmed ( 46 N.Y.2d 959), but in its decision dated March 20, 1979 stated that it was satisfied the board had predicated its rejection of the claim on the ground claimant had failed to establish accidental causation. Shortly after the Court of Appeals decision was issued and before an order effectuating that decision was entered, claimant's counsel furnished the board with a C-64 medical report, purporting to establish accidental causation and requested the matter to be reconsidered by the board.