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MATTER OF ANGELO v. OCCIDENTAL CHEMICAL

513773.

95 A.D.3d 1554 (2012)

2012 NY Slip Op 3924

In the Matter of the Claim of NORMA ANGELO, as Widow of JOHN ANGELO, Deceased, Respondent, v. OCCIDENTAL CHEMICAL, Respondent, and Special Fund for Reopened Cases, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 17, 2012.

MALONE Jr., J.

As relevant herein, the previously-established underlying workers' compensation claim of John Angelo (hereinafter decedent) for the occupational disease of pleural asbestosis was given a disablement date of May 27, 1994. On October 12, 2007, decedent died due to what was later determined to be asbestos-related pleural disease. Claimant, decedent's widow, filed this claim for death benefits. A Workers' Compensation Law Judge (hereinafter WCLJ) discharged...

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