Failure to Submit Timely Expert Report Leads to Dismissal



DOCUMENTS
  • Opinion


ALBANY, N.Y. - A woman who blames her husband's death on exposure to toxic chemicals at a print shop lost her bid for survivor benefits for failure to submit a timely report from a medical expert. Porcelli v. PMA Associates, et al., No. 504504 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, Third Department, dismissed Patricia Porcelli's appeal of an order by the Workers' Compensation Board on July 23 for failure to establish causation.

Porcelli contended in her claim for benefits that her husband's death from respiratory failure was the result of inhaling toxic …






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