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MATTER OF MURPHY v. NEW YORK CITY POLICE DEPARTMENT

270 A.D.2d 733 (2000)

704 N.Y.S.2d 749

In the Matter of the Claim of ROBERT MURPHY, Respondent, v. NEW YORK CITY POLICE DEPARTMENT, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 23, 2000.

Carpinello, J.

Plaintiff worked as a welder for the self-insured employer for 27 or 28 years during which he was regularly exposed to asbestos and welding fumes. As a result of breathing problems, claimant stopped working in May 1994 and thereafter filed a claim for workers' compensation benefits in which he alleged that he suffered from work-related asbestosis, occupational lung disease and/or chronic lung disease. Claimant also commenced a third-party action against...

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