N.Y. Appellate Court Reverses Workers’ Compensation Board’s Denial of Reimbursement in Asbestos-Related Claim

ALBANY, N.Y. –– A New York appellate court has reversed a Workers’ Compensation Board’s denial of an employer’s request for reimbursement for death benefits in an asbestos-related claim, saying the Board erred when it inquired as to whether the decedent’s prior disability claim was established for asbestosis.

In the May 28 order, the New York Supreme Court, Appellate Division, Third Department remitted the case so the Workers’ Compensation Board could address the issue of whether there was a causal link between his death from lung cancer and asbestosis related to his employment.

Edward Beck initiated the claim, saying that he …