Claim of Kirisits v. Durez Plastics/Occidental

Appeal from a decision of the Workers’ Compensation Board, filed April 14, 2011, which ruled that Workers’ Compensation Law § 25-a is inapplicable to claimant’s award of workers’ compensation death benefits.

In 1994, Kenneth Kirisits (hereinafter decedent) applied for workers’ compensation disability benefits following his retirement. A claim for occupational disease due to exposure to asbestos was established, with a disability date of 1993, based upon a diagnosis of pleural asbestosis resulting from his exposure to asbestos fibers during the course of his employment. No compensable lost time…