Claim of Chomenko v. Elmira Foundry Co.

Appeal by a self-insured employer from an award for permanent total disability, pursuant to article 4-A of the Workmen’s Compensation Law which covers silicosis and other dust diseases. Appellant contests the award on the ground that the silicotic condition was not, per se, the sole cause of total disability. Claimant suffered also from bronehietasis and chronic hypertensive heart disease. But there is medical testimony to the effect that while the silicosis alone was not totally disabling it became so in conjunction with the other pathological conditions present. This was sufficient to sustain the finding of