N.Y. Appellate Court Denies Efforts to Overturn Ruling by Workers’ Compensation Board in Asbestos Case

NEW YORK –– A New York appellate court has refused to reverse a decision from a Workers’ Compensation Board that rejected efforts to apportion the claim to a former employer, concluding that the Board’s decision was supported by substantial evidence.

In the March 16 decision, the New York Supreme Court, Appellate Division, Third Department, opined that the medical opinions that the decedent’s employment with a prior company contributed to his mesothelioma diagnosis was “speculative and insufficient.”

Sandra Gimber filed the claim for workers’ compensation death benefits, contending her husband developed mesothelioma as a result of exposure to asbestos-containing products …