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In the Matter of the Claim of MANUEL ROCHA, Respondent, against OTIS ELEVATOR CO. et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

The award was based on a finding that claimant suffered from an osteo-arthritic condition of both knees as an occupational disease due to the nature of his employment. The board also found that his disability was a natural and unavoidable result of an accident and the aforesaid occupational disease. Appellants contend that osteo-arthritis is not an occupational disease within the meaning of the statute; and in any event was not contracted more than twelve months prior to the date of disablement. We think there is evidence to sustain the findings of the board. It also appears that claimant worked for the same employer for many years. Therefore, the twelve months' limitation mentioned in section 40 of the statute does not apply. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.

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MATTER OF ROCHA v. OTIS ELEVATOR CO
(Jan 16, 1952)