Mack v. County of Rockland

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Claimant, a psychiatric social worker, suffered an aggravation of a preexisting eye disorder while in respondent’s employ as a result of exposure to cigarette smoking in a poorly ventilated room. The Workers’ Compensation Board, reversing the decision of the Administrative Law Judge in claimant’s favor, determined that the claimant’s condition was not an "occupational disease” within the meaning of the section 3 (2) of the Workers’ Compensation Law. The Appellate Division affirmed.

It is settled…