Claim of Newirth v. La Pidus Printing & Lithographing Co. 273 A.D. 835

This is an appeal by the employer and its insurance carrier from the decision and award of the Workmen’s Compensation Board dated March 20, 1947, to the effect that an occupational disease has been established under paragraph 28 of subdivision 2 of section 3 of the Workmen’s Compensation Law, and from a decision of the reviewing panel of the Workmen’s Compensation Board, dated November 18, 1946, reversing the decision of the hearing referee, dated April 9, 1946, which decision disallowed the claim. Claimant was employed as a bookbinder working on folding machines which required him to turn his head to the right continuously while in the act of loading the machine. Prior to April 16, 1943, the day he became disabled,, claimant was put to work on a single machine in connection with a “ very fast job ” which required him to increase the number of movements of his head in performing his work. The issue arose as to whether the disease was functional or organic. The board found that the condition was that of spasmodic functional torticollis. The evidence sustains the finding of the board. Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Hill, P. J., Brewster, Foster, Russell and Deyo, JJ.