Legal Opinion

Claim of Lincoln v. Consolidated Edison Co.

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

Decided December 20, 2007PublishedCited by 6 opinions

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 8, 2006, which ruled that the death of *1177claimant’s decedent was not causally related to his employment and denied her claim for workers’ compensation death benefits.

Claimant’s husband (hereinafter decedent), a heavy smoker, worked as a meter reader for approximately 30 years before retiring in 1998. That year, a workers’ compensation disability claim was established for decedent for asbestosis and, later, a second claim was established for lung cancer. After decedent died of lung cancer in 2002, claimant submitted a…

2Cases cited5 opinions

Smith v. AerospaceAppellate Division of the Supreme Court of the State of New York · 1987
Matter of Doersam v. Oswego County Dep't of Soc Servs.New York Court of Appeals · 1992
Claim of Doersam v. Oswego County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1991
Claim of Imbriani v. Berkar Knitting MillsAppellate Division of the Supreme Court of the State of New York · 2000
Claim of Sullivan v. Sysco Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by6 opinions

Claim of Maye v. Alton Manufacturing, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
Claim of Lovegrove v. Regional Food Bank of Northeastern NYAppellate Division of the Supreme Court of the State of New York · 2017
Claim of Lovegrove v. Regional Food Bank of Northeastern NYAppellate Division of the Supreme Court of the State of New York · 2017
Claim of Pavone v. Advance Auto PartsAppellate Division of the Supreme Court of the State of New York · 2010
Matter of McGann v. Suffolk County Water Auth.Appellate Division of the Supreme Court of the State of New York · 2025

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