Legal Opinion
Claim of Drewes v. Guterl Steel
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2003PublishedCited by 2 opinions
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 15, 2001, which ruled that the State Insurance Fund has waived its right to reimbursement by Lumbermens Insurance Company.
Claimant’s husband died of mesothelioma, an occupational disease caused by decedent’s workplace exposure to asbestos. A workers’ compensation claim was established and Guterl Steel, decedent’s last employer, was directly and primarily liable for the payment of workers’ compensation benefits. After the compensation case was established, the State Insurance Fund (hereinafter SIF), Guterl’s workers’…
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