Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp.

92 N.E.2d 38, 300 N.Y. 447, 1950 N.Y. LEXIS 847

Opinion

Per Curiam.

There was no evidence that claimant became disabled as the result of her duties as a telephone operator. The tuberculosis contracted by her while serving as bookkeeper was not an occupational disease within the meaning of subdivision 2 of section 3 of article 1 of the Workmen’s Compensation Law. The disease resulted not as an incident to claimant’s occupation but from the fact that she worked alongside a tubercular coemployee who was also a bookkeeper. It was th,e coemployee and not the occupation which caused the disease. (Matter of Harman v. Republic Aviation Corp., 298 N. Y. 285; Matter of Champion v. Gurley, 299 N. Y. 406.)

The order of the Appellate Division and the award of.the Workmen’s Compensation Board should be reversed, with costs

in this court and in the Appellate Division, and the claim dismissed.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Ordered accordingly.