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MATTER OF CASTELLI v. NRG

510943.

85 A.D.3d 1414 (2011)

927 N.Y.S.2d 395

2011 NY Slip Op 5156

In the Matter of the Claim of NICHOLAS CASTELLI, Claimant, v. NRG 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 16, 2011.

SPAIN, J.P.

After exposure to asbestos and other lung irritants in the course of his employment as a gas turbine supervisor, claimant developed asbestosis and chronic obstructive pulmonary disease. His ensuing claim for workers' compensation benefits was established, with the Workers' Compensation Board determining that his date of disablement was November 13, 2008. The employer and its workers' compensation carrier (hereinafter...

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