MATTER OF KEEFER v. NORTON CO.


68 A.D.2d 961 (1979)

In the Matter of the Claim of David Keefer, Respondent, v. Norton Company et al., Appellants. Workers' Compensation Board, Respondent

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

March 8, 1979


The board held: "claimant injured lower back as a result of * * * occupational disease within the meaning of the law. The ultimate test is not the initiation of the precipitation of the disease itself, but, whether the employment acts upon the disease or condition in such a manner as to cause a disability which did not previously exist, (Perez v. Pearl-Wich Co.)." (See, also, Matter of Cornwell v Rockwell Int., 59 A.D.2d 475

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