Claim of Cali v. E.J. Militello Concrete, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 21, 2009, which denied claimant’s application for reconsideration and/or full Board review.

Claimant, a cement mason, began experiencing fatigue and shortness of breath in November 1998 and immediately sought medical attention. He did not return to work and submitted an application for workers’ compensation benefits one year later, asserting that he suffered injuries to his internal organs as a result of exposure to cement dust. After a Workers’ Compensation Law Judge (hereinafter WCLJ) initially concluded that there was…