Opinion
May 1, 1967
Appeal from a decision and award, contested on appellants' denial that the employee suffered from an occupational disease. Claimant was employed for some 16 years as an oiler, operator and mold changer in a plant manufacturing glass containers. While performing these tasks, he was exposed to gases, sulphur fumes and dust. It has been firmly established that prior to entering this employment, claimant suffered from a spontaneous pneumothorax, but had no symptoms during his employment until 1960 when he complained of shortness of breath which ultimately necessitated the termination of his employment on March 26, 1961. His condition was then diagnosed as severe pulmonary emphysema and fibrosis with chronic bronchitis, which had been aggravated by his employment. All the medical testimony produced, including that produced through claimant's attending physician, established that claimant had suffered from emphysema for a long period of time and which was in no way work-connected, and that the attendant bronchitis condition was likewise unconnected with claimant's employment. In addition, the attending physician further testified that neither the condition of emphysema nor bronchitis was a condition which was occupational in nature or originated from or during claimant's employment. The underlying diseases were not occupational in nature. The uncontradicted evidence is that this underlying and pre-existing disease or condition thus aggravated could not in itself qualify as an occupational disease and hence the award, being made for "disability * * * caused by an aggravation of a condition * * * not occupational in nature" ( Matter of Detenbeck v. General Motors Corp., 309 N.Y. 558, 562), cannot be sustained. Decision reversed and claim dismissed, with costs to appellants against the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Gabrielli, J.