MATTER OF McDONALD v. WATER TUNNEL CONTRACTORS


51 A.D.3d 1151 (2008)

858 N.Y.S.2d 424

In the Matter of the Claim of ERNEST McDONALD, Respondent, v. WATER TUNNEL CONTRACTORS et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 8, 2008.


Kane, J.

From 1969 to 1975, claimant worked as a sand hog for the employer, assisting in the blasting and construction of underground tunnels. In 1999, he filed a claim for workers' compensation benefits alleging that he was recently diagnosed with occupational lung diseases due to his work in the tunnels. At the preliminary hearing, claimant, the employer, its workers' compensation carrier and the Special Fund for Reopened...

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