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MATTER OF O'NEIL v. AMERICAN LOCOMOTIVE COMPANY

Appellate Division of the Supreme Court of New York, Third Department.
Mar 15, 1950

For approximately a year claimant was assigned to the duty of operating a degreasing machine which required him to clean machine parts in a tank containing carbon tetrachloride. At the time he began his employment he had an arrested case of pulmonary tuberculosis. There is medical testimony to sustain the finding that his exposure to tetrachloride fumes reactivated his tubercular condition, and caused disability. The board found that such disability was the result of an occupational disease. The principal point raised on appeal is that no link was shown between claimant's duties and the disease which became reactivated. We think to the contrary, that claimant's condition was the natural and unavoidable result of the conditions of his employment. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.