Opinion
March 8, 1950.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The board found that on August 21, 1946, while the claimant was engaged in the regular course of his employment he was required to search for escaped inmates; that he was exposed to inclement weather without adequate clothing, and that as a result he suffered from cold, chills and fever. The board also found that he was confined in a hospital with the diagnosis of tuberculosis, and that the testimony shows that the tuberculosis was postinfluenzal. The board also found that while claimant was searching for the escaped inmates he contracted a cold which led to a severe case of influenza and ultimately to an aggravation and activation of an underlying dormant tuberculosis. The evidence sustains the findings. Award unanimously affirmed, with costs to the Workmen's Compensation Board.