Opinion
January 13, 1943.
Present — Hill, P.J., Crapser, Bliss, Heffernan, and Schenck, JJ.
Both the State and the City of New York appeal from an award of disability caused by an occupational disease (tuberculosis). Claimant was a student nurse in the general employ of the Brooklyn State Hospital (a State institution). The entire training course was three years. In order to obtain proper training, a portion of the time was necessarily spent at a general hospital. Under an arrangement between the State and City authorities, claimant was temporarily assigned to work at the Kings County Hospital (a city institution). While there, in the course of her employment, she contracted the disease. The Board properly found that the Brooklyn State Hospital was the general employer and the Kings County Hospital a special employer, and charged the award equally against the State and the City. ( Matter of Commissioner of Taxation Finance v. Willard Parker Hospital, 256 App. Div. 1018.) Award unanimously affirmed, with costs to the State Industrial Board.