Appellate Division of the Supreme Court of New York, 1935

Claim of Bosdyck v. Rochester Folding Box Co.

Claim of Bosdyck v. Rochester Folding Box Co.
Appellate Division of the Supreme Court of New York · Decided September 15, 1935
245 A.D. 880
Claim of Bosdyck v. Rochester Folding Box Co.

Opinion of the Court

Claimant has an award for total disability caused by tuberculosis of the lungs. The first objective symptom was a pulmonary hemorrhage. This occurred directly after claimant had carried a bundle of paper or cardboard weighing about seventy-five pounds a distance and up a short flight of stairs. He had been engaged in the same work most of the day.' A physician testified that claimant had tuberculosis, or at least was predisposed toward it before the hemorrhage; that the strain of lifting the paper ruptured a blood vessel in the lungs and activated the previously dormant condition. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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