Legal Opinion

Claim of Gardner v. Structure Tone of NY, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 2000PublishedCited by 5 opinions

1Opinion of the CourtMugglin, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 30, 1998, which ruled that claimant had an occupational disease and made an award of workers’ compensation benefits.

Claiming that he had asbestosis as a result of his exposure to asbestos-contaminated debris during his employment as an elevator operator at a construction site, claimant sought workers’ compensation benefits. A Workers’ Compensation Law Judge (hereinafter WCLJ) found that claimant was partially disabled as a result of asbestosis, an occupational disease, and made an award of benefits based upon…

2Cases cited3 opinions

  1. Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
  2. Claim of Spoerl v. Armstrong Pumps, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Claim of Musso v. Earth Movers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. Claim of Rose v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Spyhalsky v. Cross ConstructionAppellate Division of the Supreme Court of the State of New York · 2002
  3. Claim of Johnson v. New York State Office of Mental Retardation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2004
  4. Claim of Hamm v. USF Red StarAppellate Division of the Supreme Court of the State of New York · 2001
  5. Matter of Fuller-Astarita v. ABA Transp. Holding Co.Appellate Division of the Supreme Court of the State of New York · 2019

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