Summary
In Matter of Rocha v. Otis Elevator Co. (279 App.Div. 829, motion for leave to appeal denied 303 N.Y. 1015), this court again affirmed an award in compensation where the employer had argued that claimant was not 'in the same employment' when disabled because at certain periods he had worked as a machine molder and at other times in lighter work as a squeezer molder.
Summary of this case from Matter of Kornecki v. City of New YorkOpinion
January 16, 1952.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The award was based on a finding that claimant suffered from an osteo-arthritic condition of both knees as an occupational disease due to the nature of his employment. The board also found that his disability was a natural and unavoidable result of an accident and the aforesaid occupational disease. Appellants contend that osteo-arthritis is not an occupational disease within the meaning of the statute; and in any event was not contracted more than twelve months prior to the date of disablement. We think there is evidence to sustain the findings of the board. It also appears that claimant worked for the same employer for many years. Therefore, the twelve months' limitation mentioned in section 40 of the statute does not apply. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.