Opinion
March 15, 1950.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appeal by the employer and insurance carrier from an award at the rate of $26.67 per week from July 9, 1948, to September 20, 1948. The employee was a glass driller who used turpentine in connection with his work. In the process turpentine was spilled on his arms and legs, which produced dermatitis venenata on his hands and arms and aggravated an unrelated hemostatic dermatitis in his legs. There was ample evidence to present a question of fact for the board's determination in this regard. The evidence justifies a finding of an average wage rate of $40 per week and the board properly rejected a payroll report which was incomplete. Appellants also raise the question that the carrier was deprived of its right to call an expert on causal relation. It satisfactorily appears that the period for which compensation was awarded could not be affected by such testimony. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.