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MATTER OF McCAFFREY v. JAMES L. LEWIS, INC.

301 A.D.2d 833 (2003)

754 N.Y.S.2d 88

In the Matter of the Claim of RICHARD H. McCAFFREY, Appellant, v. JAMES L. LEWIS, INC., et al., Respondents. WORERS' COMPENSATION BOARD, Respondent.

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

Decided January 16, 2003.

Mugglin, J.

Claimant, a pipe-fitter for over 20 years, has not worked since being diagnosed with asbestosis and pleural placquing in 1988. Initially, a Workers' Compensation Law Judge (hereinafter WCLJ) found claimant disabled due to an occupational disease in conformity with the diagnosis. This determination, affirmed by a panel of the Workers' Compensation Board, was, on review by the full Board, rescinded and remanded to the Board panel. After an in-depth review...

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