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MATTER OF D'ADDIO v. PETER ANNIS, INC.

514799.

105 A.D.3d 1113 (2013)

962 N.Y.S.2d 794

2013 NY Slip Op 2304

In the Matter of the Claim of NANCY D'ADDIO, as Widow of EDWARD D'ADDIO, Deceased, Claimant, v. PETER ANNIS, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 4, 2013.

Egan Jr., J.

Appeal from a decision of the Workers' Compensation Board, filed October 3, 2011, which ruled that the application by the employer and its workers' compensation carrier for review of a Workers' Compensation Law Judge's decision was untimely.

Decedent, who had a previously established claim for occupational disease due to asbestosis, died in 2009 and claimant, his widow, thereafter filed this claim for workers' compensation death benefits. Following...

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