Legal Opinion

Claim of Castelli v. NRG

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

Decided June 16, 2011PublishedCited by 5 opinions

1Opinion of the Court

Spain, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed January 15, 2010, which ruled that the employer and its workers’ compensation carrier were not entitled to reimbursement from the Special Disability Fund.

After exposure to asbestos and other lung irritants in the course of his employment as a gas turbine supervisor, claimant developed asbestosis and chronic obstructive pulmonary disease. *1415His ensuing claim for workers’ compensation benefits was established, with the Workers’ Compensation Board determining that his date of disablement was November 13, 2008. The employer…

2Cases cited5 opinions

  1. Mohawk Valley Ski Club, Inc. v. Town of DuanesburgAppellate Division of the Supreme Court of the State of New York · 2003
  2. Jaworek v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. State v. Cities Service Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Claim of Deubel v. Buffalo Pottery, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
  5. Claim of Seminerio v. Glen Partitions, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. Hauser v. Fort Hudson Nursing Ctr., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  2. Guidarelli v. BrassardAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Connolly v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Tuerk (Adelchi Inc.--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2020
  5. Thomas v. Warren County DPWAppellate Division of the Supreme Court of the State of New York · 2012

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