Claim of Freitag v. New York Times

Appeal from a decision of the Workers’ Compensation Board, filed November 10, 1997, which denied claimant’s claim for workers’ compensation benefits.

Claimant’s husband (hereinafter decedent) died of lung cancer in 1992. Relying upon the general rule that the Workers’ Compensation Board cannot entirely reject the unanimous opinion of the experts and draw its own conclusion regarding causation (see, Matter of Van Patten v Quandt’s Wholesale Distribs., 198 AD2d 539), claimant contends that the Board erred in reversing the Workers’ Compensation Law Judge’s decision which found, inter alia, causal…