Claim of O'Malley v. Consolidated Edison Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 15, 2001, which ruled that decedent’s death was not causally related to his employment and disallowed the claim for workers’ compensation death benefits.
Decedent worked for the employer as a mechanic for approximately 25 years. In 1990, he was diagnosed with metastatic lung and bone cancer and died on January 18, 1991. In May 1992, claimant, decedent’s widow, filed a claim for workers’ compensation death benefits on the basis that decedent died from mesothelioma, an occupational lung disease caused by exposure to asbestos.…
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