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MATTER OF RAKOWSKI v. NEW YORK STATE DEPARTMENT OF LABOR

35 A.D.3d 954 (2006)

825 N.Y.S.2d 583

In the Matter of the Claim of ARLENE RAKOWSKI, Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 7, 2006.

Kane, J.

Claimant was employed by the Department of Labor from 1975 through 1991. In June 1990, she applied for workers' compensation benefits alleging that she suffered from symptoms, including dizziness, headaches and nausea, as a result of poor air quality and ventilation at her workplace. The Workers' Compensation Board denied claimant's application. On appeal, we affirmed the Board's decision due to claimant's failure to establish that she suffered an accidental...

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