Legal Opinion

Claim of Manocchio v. ABB Combustion Engineering

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

Decided May 4, 2017No. 522436PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 30, 2015, which denied a request by the workers’ compensation carrier for apportionment among claimant’s prior employers pursuant to Workers’ Compensation Law § 44.

Claimant worked as a boilermaker for over 30 years for various employers. On May 8, 1999, a chest X ray revealed the presence of pleural plaque consistent with the exposure to asbestos and, in September 1999, claimant filed a workers’ compensation claim. A Workers’ Compensation Law Judge ultimately established the claim for an occupational disease and found that…

2Cases cited1 opinion

  1. Claim of Polifroni v. Delhi Steel Corp.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Matter of Gimber v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Candela v. Skanska USA Bldg. Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of Delaney v. John P. Picone, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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