MATTER OF GRILL v. FASHION INSTITUTE OF TECHNOLOGY

508569.

74 A.D.3d 1685 (2010)

903 N.Y.S.2d 608

In the Matter of the Claim of ILONA GRILL, Respondent, v. FASHION INSTITUTE OF TECHNOLOGY et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 24, 2010.


PETERS, J.

Claimant suffers from interstitial pulmonary fibrosis and lung disease, which has been established as a compensable occupational disease. The question thereafter arose as to whether her condition constituted a dust disease that entitled the employer and its third-party administrator (hereinafter collectively referred to as the employer) to reimbursement from the Special Disability Fund (see Workers' Compensation Law § 15 [8] [ee]). The Workers...

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