MATTER OF O'SHEA v. CITY OF BINGHAMTON


71 A.D.2d 729 (1979)

In the Matter of the Claim of Martin O'Shea, Appellant, v. City of Binghamton et al., Respondents. Workers' Compensation Board, Respondent

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

July 12, 1979


A referee held that the claimant had sustained a compensable aggravation/activation of pre-existing tuberculosis due to smoke inhalation on October 7, 1974, and awarded benefits for the period of November 5, 1974 to December 30, 1975 at temporary total disability and from December 30, 1975 to January 13, 1977 at one-third partial disability. The employer and its insurance carrier appealed that decision to the board upon the ground that as to the period of November 5, 1974...

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