Opinion
September 28, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
Appeal from workmen's compensation award. Claimant was employed sweeping a floor in a steel plant and in this work swept waste, dust and papers. There is evidence that he had a choking experience while sweeping dust in 1943, followed by similar later experiences. There is medical opinion that the asthma which he suffers and for which he has had an award for occupational disease, was due to exposure at work. Appellants argue that asthma is not characteristic of claimant's work, but both the fact of his seizures during work and the expert opinion applied to this fact are a sufficient basis for the award, and a pre-existing allergy is not the exclusive test to be applied as a matter of law. The case is similar to Matter of Sturesky v. Straussman ( 273 App. Div. 1036) and Matter of Lee v. Co-operative G.L.F. Mills, Inc. ( 272 App. Div. 1089). Award unanimously affirmed, with costs to Workmen's Compensation Board.