MATTER OF COCCO, SR. v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION


266 A.D.2d 634 (1999)

697 N.Y.S.2d 751

In the Matter of the Claim of MICHAEL COCCO, SR., Respondent, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 4, 1999.


Mugglin, J.

Claimant is totally disabled as a result of chronic obstructive pulmonary disease and has not worked since June 1993. He had previously worked as a bridge painter for 36 years, with the last seven or eight of those years working for the employer. The Workers' Compensation Board found that claimant's work for the employer had aggravated his preexisting chronic obstructive pulmonary condition and that, therefore, his disability was the result of an occupational...

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