Appellate Division of the Supreme Court of New York, 1944

Claim of Scherlag v. Superb Bakery, Inc.

Claim of Scherlag v. Superb Bakery, Inc.
Appellate Division of the Supreme Court of New York · Decided May 10, 1944
267 A.D. 1020; 48 N.Y.S.2d 20; 1944 N.Y. App. Div. LEXIS 6058
Claim of Scherlag v. Superb Bakery, Inc.

Opinion of the Court

Appeal by the employer and insurance carrier from an award of the Industrial Board in favor of claimant for partial disability. The Board held that claimant, who had been a baker more than thirty years, has ani occupational disease as defined in paragraph 28 of subdivision 2 of section 3 of the Workmen’s Compensation Law. It is the contention of appellants that claimant is suffering from a dust disease as defined by article 4-A of the law. The evidence sustains the finding of the Industrial Board. Award affirmed, with costs to the State Industrial Board. All concur.

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