Legal Opinion
Claim of Andres v. Occidental Chemical
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2007PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed June 29, 2006, which determined that Workers’ Compensation Law § 25-a is inapplicable.
In 1994, decedent filed two workers’ compensation disability claims due to asbestos exposure—one for pulmonary illness and one for colon cancer—which were both closed in February 1995 for lack of prima facie medical evidence. Decedent died in March 2005 and claimant filed the instant claim for death benefits in November 2005. The employer controverted the claim and argued that, if an award is made, the Special Funds Conservation…
2Cases cited5 opinions
- Claim of Bishop v. St. Joe MineralsAppellate Division of the Supreme Court of the State of New York · 1989
- Claim of Andrus v. Purolator ProductsAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Burcia v. St. Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Claim of Dickerson v. Essex CountyAppellate Division of the Supreme Court of the State of New York · 1956
- Riccardi v. Dellwood Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1971
3Cited by3 opinions
- Claim of Mlodozeniec v. Trio Asbestos Removal Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Matter of Pisarski v. Accurate Plumbing & Heating Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Lamont v. Superior Ambulance Serv. Inc.Appellate Division of the Supreme Court of the State of New York · 2024