N.Y. Appellate Court Refuses to Look at Toxic Exposure Workers’ Compensation Claim, Says Board Decision Not Final

NEW YORK –– A New York appellate court has refused to examine an appeal involving a workers’ compensation claim alleging that a rare form of cancer was caused by exposure to toxic substances, finding the state’s workers’ compensation board has not finalized its decision.

In the April 3 opinion, the Third Judicial Department of the Appellate Division in New York’s Supreme Court opined that the Workers’ Compensation Board had merely ordered that the claim be reexamined in light of new causation evidence.

Gerard DePascale filed for workers’ compensation benefits, contending that he developed extraskeletal myxoid chondrosarcoma, a rare form of …