Claim of DiMarco v. State University of New York

Appeal from decisions of the Workmen’s Compensation Board, filed March 2, 1971 and September 7, 1971. Claimant, a clerk at the New York State University at Buffalo, contracted infectious hepatitis. A majority of the board panel, finding “ that the claimant’s hepatitis condition was contracted * * * when she was exposed to the student, Miss Tenney ”, held that claimant sustained an accidental injury arising out of and in the course of employment. It should first be noted that on the present record there is insufficient evidence to support a finding that either the student, Miss Tenney, had…