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MATTER OF KIRK v. CENTRAL HUDSON GAS & ELECTRIC COMPANY

50 A.D.3d 1298 (2008)

855 N.Y.S.2d 721

In the Matter of the Claim of CHARLES KIRK, Respondent, v. CENTRAL HUDSON GAS & ELECTRIC COMPANY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 11, 2008.

Stein, J.

Claimant was exposed to asbestos while employed by Central Hudson Gas & Electric Company. He was a plaintiff in a class action lawsuit filed in 1993 against asbestos manufacturers. That claim was settled, with the consent of the employer's workers' compensation carrier, for $44,868.76. The recovery was explicitly based on claimant's diagnosis of bilateral pleural asbestosis. Claimant filed a workers' compensation claim in 1995 for asbestos-related pleural...

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