MATTER OF CONNOLLY v. HUBERT'S SERV., INC.

512610.

96 A.D.3d 1115 (2012)

947 N.Y.S.2d 187

2012 NY Slip Op 4437

In the Matter of the Claim of PAULA CONNOLLY, as Widow of PATRICK CONNOLLY, Deceased, Appellant, v. HUBERT'S SERVICE, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

June 7, 2012.


Egan Jr., J.

Claimant's husband (hereinafter decedent) worked as an automobile mechanic for the employer from 1976 to 1997. In that capacity, decedent regularly installed brakes and clutches — work that, according to a coworker, resulted in decedent's exposure to an undetermined amount of asbestos dust. Decedent was diagnosed with lung cancer in 2000 and, following his death in 2004, claimant filed a claim for workers' compensation death benefits, citing occupational...

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