Date of Death, Not Diagnosis, Establishes Date of Silicosis Disablement, Appeals Court Holds

ALBANY, N.Y. - A New York appeals court held on Nov. 7 that the date of death triggered the 260-weeks-long waiting period for reimbursement of funds paid by an employer's workers' compensation carrier to the widow of a man who died from silicosis. In the Matter of the Claim of Kermit Petty Sr. v. Dresser Industries, et al., No. 91275 (N.Y. Sup. Ct., App. Div., 3rd Dist.).

In a brief decision, the Third Department Appellate Division of the New York Supreme Court said it would not disturb the decision of a workers' compensation board, which reached a similar determination after …