MATTER OF ANDRES v. OCCIDENTAL CHEMICAL


43 A.D.3d 1245 (2007)

841 N.Y.S.2d 729

In the Matter of the Claim of JANE M. ANDRES, Respondent, v. OCCIDENTAL CHEMICAL et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided September 20, 2007.


Mercure, J.P.

In 1994, decedent filed two workers' compensation disability claims due to asbestos exposure—one for pulmonary illness and one for colon cancer—which were both closed in February 1995 for lack of prima facie medical evidence. Decedent died in March 2005 and claimant filed the instant claim for death benefits in November 2005. The employer controverted the claim and argued that, if an award is made, the Special Funds Conservation Committee...

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