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MATTER OF CONWAY v. CBI SERVICES, INC.

1 A.D.3d 739 (2003)

768 N.Y.S.2d 30

In the Matter of the Claim of MARILYN CONWAY, Respondent, v. CBI SERVICES, INC., et al., Appellants, and INTERNATIONAL INSURANCE COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 13, 2003.

Rose, J.

Decedent retired after working from 1966 to 1989 for various employers installing and removing insulation containing asbestos. In 1997, he was diagnosed with lung cancer and he filed a claim for workers' compensation benefits, alleging that his lung cancer was due to injurious exposure to asbestos in 1975 while he was employed by Insulation Distributors, Inc. (hereinafter IDI). By decision filed March 23, 1999, a Workers' Compensation Law Judge (hereinafter...

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