Claim of Cammarata v. Caldwell & Cook, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed May 13, 2003, which ruled, inter alia, that decedent sustained an occupational disease and that Merchants Mutual Insurance Company is the liable workers’ compensation carrier.

The facts and legal arguments presented in this case are nearly identical to those in Matter of Cammarata v Caldwell & Cook (19 AD3d 884 [decided herewith]) involving the brother of Thomas Cammarata (hereinafter decedent). In brief, decedent worked as a drywall finisher for Azor Drywall Company from 1964 to 1967 and died of mesothelioma allegedly caused by…