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IN THE MATTER OF ENGLER v. UNITED PARCEL SERVICE

16 A.D.3d 969 (2005)

792 N.Y.S.2d 215

In the Matter of the Claim of FRANK ENGLER, Respondent, v. UNITED PARCEL SERVICE et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

March 24, 2005.

Spain, J.

Claimant began working as a delivery driver for United Parcel Service (hereinafter the employer) in 1983. In 2001, he filed a claim for workers' compensation benefits alleging that he developed interstitial pulmonary fibrosis as the result of his exposure to dust particles and other airborne irritants during the course of his employment. Following several hearings, a Workers' Compensation Law Judge found, among other things, that claimant sustained a causally...

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