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MATTER OF WILSON v. SOUTHERN TIER CUSTOM FABRICATORS

51 A.D.3d 1228 (2008)

858 N.Y.S.2d 432

In the Matter of the Claim of CARL WILSON, Respondent, v. SOUTHERN TIER CUSTOM FABRICATORS et al., Appellants, and CORNELL UNIVERSITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 15, 2008.

Mercure, J.

Claimant was employed as a sheet metal worker for nearly 40 years. In May 2002, he was diagnosed as suffering from asbestosis. He filed a claim for workers' compensation benefits in April 2003, and the matter proceeded to a hearing. Ultimately, the issue distilled to identifying the employer in whose employment claimant suffered his last injurious exposure to asbestos (see Workers' Compensation Law § 44-a). A Workers' Compensation Law Judge...

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