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IN THE MATTER OF STAGNITTA v. CONSOLIDATED EDISON COMPANY OF NEW YORK

24 A.D.3d 1099 (2005)

805 N.Y.S.2d 714

In the Matter of the Claim of THOMAS STAGNITTA, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

December 22, 2005.

CARPINELLO, J.

Claimant began working for the employer in 1961 and was exposed to asbestos in varying degrees and forms throughout his employment. In 1998, claimant was diagnosed with lung conditions resulting from occupational exposure to asbestos and filed a claim for workers' compensation benefits. In 1999, claimant was offered a retirement incentive by the employer and accepted it. Ultimately, a Workers' Compensation Law Judge determined that claimant had a work...

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