STORY FROM: Asbestos
N.Y. Court Denies Efforts of Workers’ Compensation Carrier to Apportion Liability for Asbestos Claims to Other Employers
May 11, 2017
ALBANY, N.Y. –– A New York appellate court has denied a request by a workers’ compensation carrier to apportion liability amongst the claimant’s prior employers, saying that there was not definitive proof that the claimant developed the illness while working for another employer.
The New York Supreme Court, Appellate Division, Third Judicial Department’s decision rejected efforts by ABB Combustion Engineering’s workers’ compensation carrier to apportion liability to a boilermaker’s other employers.
The Workers’ Compensation Board denied the request by the workers’ compensation carrier for appointment among the claimant’s prior employers, prompting the instant appeal.
Robert Manocchio, the claimant, worked ...