MATTER OF ADAMS v. OWENS CORNING FIBERGLASS


288 A.D.2d 645 (2001)

733 N.Y.S.2d 258

In the Matter of the Claim of FRANKLIN ADAMS, Respondent, v. OWENS CORNING FIBERGLASS et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 15, 2001.


Carpinello, J.

After a panel of the Workers' Compensation Board ruled that the employer's workers' compensation carrier was entitled to reimbursement under Workers' Compensation Law § 15 (8) (d) based upon claimant's preexisting coronary artery disease, the Special Disability Fund (hereinafter the Fund) appealed to this Court and sought full Board review. One year later, the carrier moved to dismiss the appeal for failure to prosecute. The Fund did not oppose...

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