MATTER OF MILLER v. MO MAIER LTD.

532858.

201 A.D.3d 1101 (2022)

161 N.Y.S.3d 452

2022 NY Slip Op 00096

In the Matter of the Claim of Rosemary L. Miller, Claimant, v. Mo Maier Ltd. et al., Appellants, and State Insurance Fund et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

Law Offices of John Wallace, Buffalo ( William L. Sherlock of counsel), for appellants.

Law Offices of Melissa A. Day, PLLC, Amherst ( James B. Cousins of counsel), for State Insurance Fund, respondent.

Williams & Williams, Buffalo ( Jared L. Garlipp of counsel), for CNA Claims Plus, Inc., respondent.

Letitia James , Attorney General, New York City ( Marjorie S. Leff of counsel), for Workers' Compensation Board, respondent.

Garry, P.J., Lynch, Aarons and Pritzker, JJ., concur.


Claimant's spouse (hereinafter decedent) died in 2012 and claimant applied for workers' compensation death benefits alleging that decedent died from mesothelioma due to asbestos exposure at work. Multiple potentially liable employers and their workers' compensation carriers were...

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