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IN THE MATTER OF ESTATE OF SEITZ v. JACOBSON & COMPANY

13 A.D.3d 1039 (2004)

787 N.Y.S.2d 473

In the Matter of the Claim of ESTATE OF JOHN SEITZ, Deceased, Appellant, v. JACOBSON & COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 30, 2004.

Crew III, J.P.

In October 1993, John Seitz (hereinafter decedent), a former sheet metal worker, died of metastatic small cell anaplastic lung cancer due to asbestosis, and his surviving spouse thereafter filed the instant claim for workers' compensation death benefits. Decedent's surviving spouse died, however, before causal relationship was established, and a Workers' Compensation Law Judge (hereinafter WCLJ) closed the case. The surviving spouse's attorney thereafter...

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