MATTER OF CLAIM OF HENDERSON v. NEW YORK CITY TRANSIT AUTHORITY


60 A.D.3d 1231 (2009)

874 N.Y.S.2d 640

In the Matter of the Claim of MAGGIE PEARL HENDERSON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 19, 2009.


ROSE, J.

After claimant had worked for nearly 20 years as a New York City bus driver, she alleged that her recurring exposure to exhaust fumes and dust in the course of her work had caused her to develop severe and disabling asthma. When she applied for workers' compensation benefits, claimant and her employer presented conflicting expert medical opinions. Claimant's expert opined that her asthma was caused by her employment while the employer's expert opined that...

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