Opinion
279 A.D. 680 107 N.Y.S.2d 883 In the Matter of the Claim of ANTHONY S. ZUMBOLO, Respondent, v. BIGELOW-SANFORD CARPET CO., INC., et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent. Supreme Court of New York, Third Department. November 14, 1951
Appeal by employer and its insurance carrier from an award of the Workmen's Compensation Board which allowed compensation for a period of total disability and a period of reduced earnings found to have resulted from a herniated intervertebral disc incurred in the course of employment. Claimant was transferred from a job as a machine operator to a job as a millwright's helper about a year before his disability. The Workmen's Compensation Board has found that in the latter job claimant was required to 'lift, carry, push and pull heavy objects, thereby subjecting himself to repeated traumas and strains to his back * * * and he became disabled as a result of a herniated intervertebral disc, an occupational disease.' This finding is amply sustained by the evidence as to the facts, and by prior decisions as to the law. ( Matter of Piparo v. Klar, 273 A.D. 935; Matter of Buchanan v. Bethlehem Steel Co., 278 A.D. 594; Matter of Paradiso v. Vuozzo, 277 A.D. 802, motion for leave to appeal denied 301 N.Y. 815.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.
Present--Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.