Legal Opinion

Claim of Gillard v. Consolidated Edison of New York, Inc.

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

Decided March 27, 2014Published

1Opinion of the CourtMcCarthy, J.

Appeal from an amended decision of the Workers’ Compensation Board, filed November 10, 2011, which, among other things, ruled that the employer and its third-party administrator were not entitled to reimbursement from the Special Disability Fund.

Claimant’s husband (hereinafter decedent) was repeatedly ex*1122posed to asbestos in the course of his work for the employer. He applied for workers’ compensation benefits in 1995 and, in 1998, the Workers’ Compensation Board established decedent’s claim and found him to be permanently partially disabled by asbestos-related pleural disease. After decedent…

2Cases cited6 opinions

  1. Smith v. AerospaceAppellate Division of the Supreme Court of the State of New York · 1987
  2. Claim of Barone v. Interstate Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Claim of Lalla v. Astoria Air ConditioningAppellate Division of the Supreme Court of the State of New York · 1989
  4. Claim of Velasquez v. Tony's Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Claim of Grill v. Fashion Institute of TechnologyAppellate Division of the Supreme Court of the State of New York · 2010

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