Claim of Dow v. Silver Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed February 9, 2010, which, among other things, removed Rizzi Associates from notice as a potential employer.
Claimant applied for workers’ compensation benefits in 2005, asserting that he suffers from a lung disease caused by workplace exposure to asbestos while employed by Silver Construction Corporation in 1961. Subsequently, Silver raised the issue that, in 1961, claimant was actually employed by its predecessor, Rizzi Associates, and a Workers’ Compensation Law Judge, among other things, thereafter placed Rizzi on notice as a…
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