Shagam v. R.H. Macy & Co.

— Appeal from a decision of the Workers’ Compensation Board, filed June 22, 1978, which disallowed a claim for disability benefits under article *7099 of the Workers’ Compensation Law. The claimant has been denied disability benefits upon the ground that absence from employment because of pregnancy is not a disability for which benefits are payable (Workers’ Compensation Law, § 205, subd 3). However, this court has recently held that the exclusion contained in the Disability Benefits Law may not be applied to deny benefits (Matter of Javier v Netumar Int., 58 AD2d 912). The interpretation of…