Opinion
October 28, 1970
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board on the ground that there is no substantial evidence to support the board's determination that claimant, a nurse, contracted tuberculosis in the course of her employment. The controlling issue is whether there is substantial evidence to support the board's finding that claimant was exposed to tuberculosis patients between November 4, 1964 and August 31, 1965. While claimant could not identify a specific contact and hospital records do not reveal any such contact, she testified that in the course of carrying out her duties she had worked in every room in the hospital and was in contact with tuberculosis patients. Unquestionably there were tuberculosis patients in the hospital during the period in question with whom claimant could have had contact. Thus there is substantial evidence to support the board's decision and it must be affirmed ( Matter of Lachowicz v. Albany Med. Center Hosp., 30 A.D.2d 1004). Matter of Maher v. St. Mary's Hosp. ( 3 A.D.2d 875) is not here controlling. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.