MATTER OF HECKERMAN v. DAIMLER CHRYSLER CORPORATION

510564.

84 A.D.3d 1535 (2011)

923 N.Y.S.2d 290

In the Matter of the Claim of BERNARD HECKERMAN, Respondent, v. DAIMLER CHRYSLER CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 12, 2011.


LAHTINEN, J.

Claimant worked for many years in an area of the employer's plant where overhead pipes were wrapped in asbestos insulation. In 2002, he was diagnosed with an asbestos-related lung disease and he filed a claim, which the employer contested. A Workers' Compensation Law Judge disallowed the claim in 2007, finding that claimant failed to prove an occupational disease. The Workers' Compensation Board directed that he be examined by an impartial pulmonary specialist...

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