Opinion
March 15, 1950.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appeal by employer and its insurance carrier from an award of compensation made for a period of total disability. The proof indicates that claimant contracted pulmonary tuberculosis as a result of her exposure to the disease when employed as a nurse or hospital helper from April or May, 1944, to June or July, 1944. It is the contention of appellants that claimant is not entitled to compensation because she did not become disabled within twelve months following her exposure to a contraction of the disease within the meaning of the time limits provided under section 40 Work. Comp. of the Workmen's Compensation Law. The board found that claimant became disabled in December, 1944, which was within the twelve-month period following her exposure. There is medical testimony and other evidence to sustain this finding. The fact that claimant, herself, was not conscious of the real nature of her condition is not controlling, and the board had the power to fix the date of disability in accordance with evidence which it found to be credible. (Workmen's Compensation Law, § 42.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.