Opinion
November 17, 1948.
Appeal from Workmen's Compensation Law.
Present — Hill, P.J., Heffernan, Brewster, Foster and Deyo, JJ.
Claimant was employed as a spray painter and striper. He became disabled by reason of a lung condition described as chronic bronchitis with pulmonary fibrosis. There was substantial medical testimony to sustain the finding that this condition was a direct result of his occupation. It appears from the record that claimant was paid some compensation for a period during which he was paid his full salary. Appellants did not file a claim for reimbursement but nevertheless, since the case has been continued on a referee's calendar, this matter can be corrected by the board when the case comes up again. Award unanimously affirmed, with costs to the Workmen's Compensation Board.