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IN THE MATTER OF VALENTI v. PENN PLAX PLASTICS

9 A.D.3d 719 (2004)

780 N.Y.S.2d 808

In the Matter of the Claim of MICHAEL B. VALENTI, Appellant, v. PENN PLAX PLASTICS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 2004.

CREW III, J.

Claimant was exposed to asbestos while working for his employer from 1965 to 1972 and, thereafter, was diagnosed as suffering from asbestosis and asbestos-related pleural disease. Claimant also was diagnosed with lung cancer in 1994. As a result of these conditions, claimant applied for workers' compensation benefits in 1995. A Workers' Compensation Law Judge thereafter denied the claim, finding that it was barred...

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