Legal Opinion

Claim of Konieczny v. Butterflake Shop

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1979PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed December 8, 1977, finding that claimant did not sustain an occupational disease within the meaning of subdivision 2 of section 3 of the Workers’ Compensation Law. 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…

2Cases cited2 opinions

  1. Claim of Paduano v. New York State Workmen's Compensation BoardAppellate Division of the Supreme Court of the State of New York · 1968
  2. Claim of Paduano v. New York State Workmen's Compensation BoardNew York Court of Appeals · 1969

3Cited by1 opinion

  1. Claim of Fonda v. Fort Plain EnterprisesAppellate Division of the Supreme Court of the State of New York · 1980

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