Claim of Kindlick v. Nassau Smelting & Refining Co.

The liability of the Special'Fund for Reopened Cases depends in the first instance in this case on whether the claimant was “ disabled ” from lead poisoning on July 10, 1939. It could be found that claimant was then suffering from lead poisoning contracted in the employment; but he lost no wages, and it is clear that the statute imposes the test on disablement *5from occupational diseases, that the employee be “ disabled from earning full wages ” (Workmen’s Compensation Law, § 37; Matter of Muniak v. ACF Inds., 7 AD 2d 258).

Disablement might be found in this record, however, to have existed in…