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MATTER OF BRASWELL v. NEW YORK CITY TRANSIT AUTHORITY

306 A.D.2d 709 (2003)

760 N.Y.S.2d 695

In the Matter of the Claim of JOHN M. BRASWELL, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 19, 2003.

Lahtinen, J.

Claimant's job responsibilities as an inspector with the New York City Transit Authority (hereinafter the employer) included allowing individuals involved in asbestos removal into various facilities of the employer and, at times, to remain in the general vicinity while they worked. He engaged in this task several times a month from 1990 to 1996. In 1996, his family physician noted an irregularity in his lungs, and a subsequent CT scan revealed evidence...

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