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MATTER OF CAPALBO v. STONE & WEBSTER CONSTRUCTION SERVICES

512887.

91 A.D.3d 1263 (2012)

936 N.Y.S.2d 795

2012 NY Slip Op 457

In the Matter of the Claim of JOSEPH CAPALBO, Respondent, v. STONE & WEBSTER CONSTRUCTION SERVICES et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 26, 2012.

GARRY, J.

Decedent was employed as a steamfitter at the Indian Point nuclear power plant until September 2007, when he passed away from lymphoma. Claimant, decedent's wife, filed a claim in August 2009 for workers' compensation death benefits, asserting that decedent's lymphoma was the result of his exposure to radioactive agents during his employment. Following a hearing in November 2009, a Workers' Compensation Law Judge found prima facie medical evidence that the...

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