MATTER OF HILL v. EASTMAN KODAK COMPANY


258 A.D.2d 861 (1999)

686 N.Y.S.2d 141

In the Matter of BERNARD HILL, Respondent, v. EASTMAN KODAK COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 25, 1999.


Mercure, J.

It is undisputed that claimant's employment with Eastman Kodak Company caused him to be exposed to asbestos prior to July 1, 1974 but not thereafter and that in June 1995, claimant was diagnosed as suffering from causally related pleural asbestosis, which did not result in total disability. The only issue for our consideration is whether the Workers' Compensation Board erred in its determination that, although Workers' Compensation Law former § 39...

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