Middleton v. Coxsackie Correctional Facility

Appeal from a decision of the Workmen’s Compensation Board, filed February 12, 1973, which affirmed a referee’s decision finding that claimant sustained an accidental injury within the meaning of the Workmen’s Compensation Law. In our opinion the board’s decision must be reversed and the claim dismissed on the basis of the rationale set forth in Matter of Di Marco V. State Univ. of N. Y. at Buffalo (39 AD 2d 623). Even assuming arguendo that unlike Di Marco the instant claimant was able to show an exposure to an inmate from which he could> have contracted tuberculosis, as we said there (p.…