Claim of Freer v. New Process Gear
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 28, 1994, which discharged the Special Disability Fund from liability under Workers’ Compensation Law § 15 (8).
Decedent was employed as a laborer for New Process Gear (hereinafter the employer), an automobile factory, since 1962. On December 5, 1989, decedent, who had been diagnosed with chronic obstructive pulmonary disease several years earlier, inhaled freon fumes during the course of his employment which caused him to have immediate respiratory symptoms, particularly shortness of breath. Following this incident,…
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