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MATTER OF O'DELL v. EDISON

34 A.D.3d 1137 (2006)

824 N.Y.S.2d 789

In the Matter of the Claim of DONALD O'DELL, Appellant, v. CONSOLIDATED EDISON et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 30, 2006.

Crew III, J.P.

Claimant underwent surgery for the removal of a benign mass from his right lung in 1995. According to claimant, he thereafter experienced certain breathing difficulties, prompting him to retire from Consolidated Edison in November 1996 after 43 years of service. In October 1999, claimant was diagnosed with, among other things, pulmonary asbestosis and asbestos-related pleural disease which, according to the evaluating physician, was causally related...

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