MATTER OF DEMBINSKI v. REGAN


210 A.D.2d 724 (1994)

620 N.Y.S.2d 181

In the Matter of Reinhold Dembinski, Petitioner, v. Edward V. Regan, as State Comptroller, Respondent

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

December 15, 1994


Upon review of the record, we conclude that there is substantial evidence to support respondent's determination that petitioner, an embalmer for Cornell University, did not sustain his burden of proving that his permanent disability of hypersensitivity to formaldehyde was the natural and proximate result of his workplace exposure to a large spill of formaldehyde on February 15, 1989. While it is undisputed that the spill was an accident, medical evidence indicated that the...

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