Claim of Kuczkowski v. Bethlehem Steel Corp.

Kane, J. P., and Levine, J., dissent and vote to reverse in the following memorandum by Kane, J. P. Kane, J. P. (dissenting).

We are not persuaded that this record supports the board’s finding of an occupational disease. First, the record clearly demonstrates that the hernia and hydrocele required treatment over a long period of years. They were symptomatic during the period prior to the ultimate surgery in January, 1978. This court has said on prior occasions that compensation is not payable for the aggravation of a previously active condition (Matter of Webb v Western Elec. Co., 64 AD2d 744;…