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MATTER OF SMITH v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

506691

68 A.D.3d 1299 (2009)

2009 NY Slip Op 9116

890 N.Y.S.2d 698

In the Matter of the Claim of FREDERICK SMITH, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 10, 2009.

Kavanagh, J.

In the course of his employment with Consolidated Edison Company of New York, Inc., claimant was exposed to dust while working in lower Manhattan following the terrorist attacks of September 11, 2001. While claimant was subsequently diagnosed with reactive airway disease and his claim for workers' compensation benefits was established in 2004, he sustained no compensable lost time and continued to work until he retired on February 1, 2007. At that time...

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