MATTER OF NEVILLE v. MAGAZINE DISTRIBUTORS, INC.


61 A.D.3d 1165 (2009)

876 N.Y.S.2d 249

In the Matter of the Claim of LIAM NEVILLE, Appellant, v. MAGAZINE DISTRIBUTORS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 9, 2009.


ROSE, J.

In his application for workers' compensation benefits, claimant asserted that his disabling membranous nephropathy was an occupational disease caused by exposure to chemicals at his workplace. At the conclusion of his direct examination before a Workers' Compensation Law Judge, however, his counsel conceded that the claim was for an accident rather than an occupational disease and that the date of the accident was more than two years prior to the filing of...

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