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MATTER OF ZYLA v. JUILLIARD & CO.

277 A.D. 604 (1951)

In the Matter of the Claim of Joseph Zyla, Respondent, v. A. D. Juilliard & Co., Inc., et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

January 16, 1951.

Attorney(s) appearing for the Case

Morgan F. Bisselle and Warren C. Tucker for appellants.

Nathaniel L. Goldstein, Attorney-General (Theodore M. Schwartz and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

John M. Cullen for Special Disability Fund, respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

For many years claimant was a weaver. In October, 1946, he had a gall bladder condition which required a surgical operation. In the course of his treatment it was then found that he was suffering diabetes mellitus and arteriosclerosis. There is medical opinion in the record that such a condition constitutes a permanent physical impairment.

Five months after the operation, in March, 1947, claimant...

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