MATTER OF GARRIO v. DONOVAN


290 A.D.2d 913 (2002)

737 N.Y.S.2d 161

In the Matter of the Claim of MICHAEL GARRIO, Appellant, v. MICHAEL DONOVAN et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 31, 2002.


Mercure, J.P.

Claimant, who worked as a porter-cleaner at a public school for 18 years, underwent a pneumonectomy for lung cancer in 1989 and has been disabled ever since. The Workers' Compensation Board concluded that his disabling lung condition was not causally related to his employment and he appeals from the Board's decision, claiming that the evidence demonstrates the necessary link between his disease and his employment...

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