MATTER OF KIRISITS v. DUREZ PLASTICS/OCCIDENTAL

513984.

96 A.D.3d 1225 (2012)

946 N.Y.S.2d 322

2012 NY Slip Op 4817

In the Matter of the Claim of FAITH KIRISITS, Respondent, v. DUREZ PLASTICS/OCCIDENTAL et al., Appellants, and SPECIAL FUND FOR REOPENED CASES, Respondent. Workers' Compensation Board, Respondent.

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

June 14, 2012.


McCarthy, J.

In 1994, Kenneth Kirisits (hereinafter decedent) applied for workers' compensation disability benefits following his retirement. A claim for occupational disease due to exposure to asbestos was established, with a disability date of 1993, based upon a diagnosis of pleural asbestosis resulting from his exposure to asbestos fibers during the course of his employment. No compensable lost time was found and reimbursement relief was set pursuant to Workers...

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