N.Y. Court Affirms Award of Benefits in Workers’ Compensation Asbestosis Case

ALBANY, N.Y. –– A New York appellate court has affirmed an award of workers’ compensation benefits in an asbestosis case, opining that the Workers’ Compensation Board has the ability to make a credibility determination in the presence of conflicting evidence.

In the three-page order issued Nov. 8, the Appellate Division of the New York Supreme Court, Third Judicial Department, ruled that the claimant had produced enough evidence to support his claims.

In September 2010, the Workers’ Compensation Board awarded workers’ compensation benefits after finding that James Ward suffered from asbestosis, a condition that allegedly arose as a result of his …