Angelo v. Chemical

Appeal from a decision of the Workers’ Compensation Board, filed March 14, 2011, which, among other things, ruled that claimant was entitled to receive death benefits at the maximum rate as a surviving spouse under Workers’ Compensation Law § 16 (5).

As relevant herein, the previously-established underlying workers’ compensation claim of John Angelo (hereinafter decedent) for the occupational disease of pleural asbestosis was given a disablement date of May 27, 1994. On October 12, 2007, decedent died due to what was later determined to be asbestos-related pleural disease. Claimant, decedent’s…