MATTER OF KONIECZNY v. BUTTERFLAKE SHOP


71 A.D.2d 718 (1979)

In the Matter of the Claim of Walter Konieczny, Appellant, v. Butterflake Shop et al., Respondents. Workers' Compensation Board, Respondent

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

July 12, 1979


Claimant had a history of a 39-year period of heavy smoking and a 24-year period of employment as a baker when he was employed by the Butterflake Bake Shop. Six months later he was diagnosed as suffering from severe chronic obstructive pulmonary disease secondary to asthmatic bronchitis and emphysema. The record reflects contradictory medical evidence regarding the issue of whether claimant sustained an occupational disease. Claimant's contention that the issue of occupational...

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