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MATTER OF DOW v. SILVER CONSTRUCTION CORPORATION

510919.

83 A.D.3d 1270 (2011)

921 N.Y.S.2d 912

In the Matter of the Claim of LAWRENCE DOW, Respondent, v. SILVER CONSTRUCTION CORPORATION, Appellant, and TRAVELERS INSURANCE COMPANY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 14, 2011.

EGAN JR., J.

Claimant applied for workers' compensation benefits in 2005, asserting that he suffers from a lung disease caused by workplace exposure to asbestos while employed by Silver Construction Corporation in 1961. Subsequently, Silver raised the issue that, in 1961, claimant was actually employed by its predecessor, Rizzi Associates, and a Workers' Compensation Law Judge, among other things, thereafter placed Rizzi on notice as a potential employer. On review...

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