Opinion
January 17, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appeal from a decision and award of the Workmen's Compensation Board. Claimant was employed in the employer's plant as a ceramic engineer in charge of research and development as well as of production. He worked with furnaces and kilns which produced very high temperatures and for some 14 years he was exposed to infrared radiation given off by the furnaces and kilns. He developed bilateral cataracts. The Workmen's Compensation Board has found that these were an occupational disease of the "glassblowers" type of cataracts long observed among glass blowers whose eyes were constantly exposed to heat radiation. There is a dispute in the record as to the actual exposure of the claimant's eyes to sufficient infrared radiation to cause cataracts; and a dispute as to whether the type of cataracts observed in claimant's eyes could have been caused by infrared radiation. A specialist in internal medicine, who is a professor of occupational hygiene and of occupational medicine at the Columbia University College of Physicians and who had had considerable experience in the supervision of the health protection of workers exposed to radiation hazards, made tests in the plant at which the claimant worked at places indicated by the claimant where exposure had occurred, and testified for the carrier that in his opinion the claimant was not subjected to infrared radiation sufficient in intensity or duration to cause cataracts. Nevertheless claimant himself, who is an engineer, testified in detail to the extent of his own exposures to heat radiation through small apertures, and also on occasion through larger apertures used to take out material being treated for observation and for other purposes. Claimant described the size and the heat throw-off of these furnaces and kilns; the time, manner and closeness of the exposure of his face and eyes to the radiation; and from his description, two ophthalmologists testified to the opinion that the infrared radiation had caused the cataracts. One physician testified that "My opinion is that he has heat cataracts" caused by "Excessive exposure to infra-red rays from heat". Another testified that "I believe that these cataracts are the direct cause of the infra-red radiation — the direct result, excuse me." There is very strong, and quite positive, medical opinion in the record the other way; that the location and type of the cataracts in claimant's eyes were not typical of "glass blowers" cataracts and were not caused by heat; but the resolution of this difference in the opinions of the physicians was a factual problem for the board. Substantial evidence supports the board's decision. Award unanimously affirmed, with costs to the Workmen's Compensation Board.