Opinion
May 7, 1952.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
It is undisputed that claimant suffered an injury in the course of her employment on December 12, 1948, and compensation was paid to her from that date to January 18, 1949. She then returned to work for the same employer and worked until June 4, 1949, when she ceased work, and further compensation was paid to her subsequent to that date. While there is a conflict, there is evidence in the record that during the period involved claimant worked only part time because of her partial disability, which presented a question of fact upon which the board could find reduced earnings due to the injury. The principal contention of the appellants is that there is no medical testimony of causal connection. We think the record discloses medical testimony and reports and proper inferences to be drawn therefrom sufficient to permit a finding of causal connection, especially in view of the fact that such causal connection was established both before and after the period in question. Moreover, under the circumstances in this case, claimant is entitled to the presumption of continuing causally related disability. ( Matter of Brady v. Greenwich Sav. Bank, 263 App. Div. 767.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.