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MTR. OF McDONOUGH v. WHITNEY PT. SCH.

15 A.D.2d 191 (1961)

In the Matter of the Claim of Margot McDonough, Respondent, v. Whitney Point Central School et al., Appellants. Workmen's Compensation Board, Respondent

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

December 29, 1961.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Carlton F. Thompson of counsel), for appellants.

Frederick J. Meagher for claimant-respondent.

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

BERGAN, P. J., COON, REYNOLDS and TAYLOR, JJ., concur.

HERLIHY, J.

This is an appeal by the employer and carrier from a decision and award of the Workmen's Compensation Board which determined that the contraction of mumps by a first-grade school teacher during an epidemic constituted an accident and that the resulting disability due to encephalitis was compensable.

In December, 1958, the claimant was engaged in teaching the first grade in the employer's school. She testified there were 32 pupils and...

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