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MATTER OF KELLER v. CUMBERLAND FARMS

528627.

178 A.D.3d 1260 (2019)

115 N.Y.S.3d 536

2019 NY Slip Op 09074

In the Matter of the Claim of Frederick W. Keller, Appellant, v. Cumberland Farms et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Fusco Brandenstein & Rada, Woodbury ( John F. Clennan , Ronkonkoma, of counsel), for appellant.

Goldberg Segalla LLC, Buffalo ( Cory A. DeCresenza of counsel), for Cumberland Farms and another, respondents.

Clark, J.P., Mulvey and Pritzker, JJ., concur.

Claimant applied for workers' compensation benefits alleging that he contracted bladder and kidney cancer as the result of years of exposure to carcinogens while working as a diesel mechanic for the employer. The Workers' Compensation Board precluded the report of claimant's independent medical examiner, Lester Ploss, due to a lack of...

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