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MATTER OF CARNEY v. NEWBURGH PARK MOTORS

84 A.D.2d 599 (1981)

In the Matter of the Claim of Ray Carney, Respondent, v. Newburgh Park Motors, Respondent, and State Insurance Fund, Appellant. Glens Falls Insurance Co., Respondent. Workers' Compensation Board, Respondent

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

October 8, 1981

Claimant filed a claim for compensation on February 11, 1974, premised on an occupational disease of the lungs. He claimed that emphysema was triggered by the dust and fumes present in the area where he worked. His disability, though controverted by the State Insurance Fund, was established as of February 22, 1972; benefits were paid, and the case closed. On July 1, 1977, the case was reopened upon application of the State Insurance...

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