Opinion
March 6, 1946.
Appeal from State Industrial Board.
The State Industrial Board held that the claimant, who had been a baker for about forty years, had an occupational disease as defined in paragraph 28 of subdivision 2 of section 3 Work. Comp. of the Workmen's Compensation Law. The case had been before the board on a previous occasion. It was then determined that claimant was suffering from a dust disease under article 4-A of the Workmen's Compensation Law. An award of $1,500 was made. That determination was sustained by this court ( 263 App. Div. 784). Thereafter the case was reopened by the board and additional testimony taken. Appellants contend that the board was not justified in reopening the case and further contend that the claimant was not suffering from any condition due to his employment as a baker. The board was justified in reopening the case. The evidence sustains the findings of the board. Award is affirmed, with costs to the Workmen's Compensation Board. All concur.