Claim of Rosenberg v. Scintilla Division

This appeal by the employer and carrier brings up for review a decision of the Workmen’s Compensation Board holding that the record supports a finding of “ accident and/or occupational disease ”. We have previously disapproved of such an alternative finding. (Matter of Conroy v. Rupert Fish Co., 8 A D 2d 553.) No clear-cut determination is presented for review, and the matter would have to be remitted for a clarified decision in any event. However, we are of the opinion that the evidence fails to establish either accident or occupational disease. Concededly claimant has suffered a hiatus…