Appeal by the' employer and the carrier from a decision and award of the Workmen’s Compensation Board, one member dissenting, on the ground that the record does not contain substantial evidence that the deceased employee developed acute myeloblastle leukemia as a result of his employment. Decedent, a theoretical physicist, began work for the employer herein in November, 1955. One year later it was discovered that he was suffering from acute myeloblastie leukemia from whjeh he subsequently died in February, 1958 at the age of 36. Claimant’s position is that the leukemia developed from decedent’s exposure to radioactive material while employed by the employer herein. It is undisputed that decedent’s only known exposure to radiation occurred at the employer’s plant. ijVhile the expert witnesses disagreed over whether leukemia could develop so suddenly after exposure to radiation, if this were the only question involved we would have little difficulty in affirming (see Matter of Hassell v. Oxford Filing Supply Co., 16 A D 2d 534; Matter of Berman v. Werman & Sons, 14 A D 2d 631, motion for leave to appeal granted 10 N Y 2d 706, motion to compel respondent to accept notice of appeal denied, 10 N Y 2d 1007). The difficulty as we see It here is whether claimant’s sole expert testifying to causal relationship basqd his opinion on a completely erroneous premise as to the length of exposure involved and/or a set of facts as to the amount, nature or duration of the alleged exposure unsubstantiated by the record. The record reveals that decledent’s regular place of work was in an open area 150 to 200 feet from laboratories where radioactive materials were used but that on occasion decedent’s work required him to spend time in a chemistry laboratory adjacent to the employer’s “hot” lab where radioactive materials were kept. When in the chemistry lab decedent was working with an analytical balance which was situated against a double wall of masonite separating the chemistry lab from the “ hot ” lab. On the other side of the wall approximately 3 to 5 feet from where decedent wóuld have been seated when utilizing the balance was located an ion-exchange column. While the record reveals that the radiation level at the time of use through the wall into the chemistry lab was between 6 and 10 milliroentgens per hour, there is no evidence in the record as to how frequently if at all decedent wa!s using the balance when the ion-exchange was in operation. It is uncontroverted that when not in use the ion-exchange column was surrounded by a lead shield. A second source of radiation was 201 millieurie of Cobalt 60. This was also I kept in a shielded container in the “hot” laboratory. No measurements were ever taken as to what the source would contribute to the radiation level in the chemistry laboartory but the figure of “ possibly ” in the range of 1 or 2 milliroentgens per hour was advanced. Again there is no proof that at any time, if at all, decedent was in the chemistry laboratory when the Cobalt 60 was actually being utilized. A third alleged source of radiation comes from one millieurie of Cobalt 60 which was brought on occasion into the chemistry laboratory for the purpose of calibrating instruments. When in the chemistry laboratory this source was kept in a lead shield next to
