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MATTER OF MUNIAK v. ACF IND.

7 A.D.2d 258 (1959)

In the Matter of the Claim of Matthew A. Muniak, Respondent, v. ACF Industries, Inc., Appellant. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 5, 1959.

Attorney(s) appearing for the Case

Kenefick, Letchworth, Baldy, Phillips & Emblidge (Solon J. Stone of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (John J. Reilly and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, J.

On reargument which was allowed on application of the Workmen's Compensation Board, we adhere to the decision previously announced in this case, which reversed the award without prejudice (6 A.D.2d 923).

That the work was competent to cause claimant's left inguinal hernia and that it could be found to be an occupational disease were held in the prior decision...

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