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MATTER OF SEMINERIO v. GLEN PARTITIONS, INC.

59 A.D.3d 886 (2009)

873 N.Y.S.2d 385

In the Matter of the Claim of LUCILLE SEMINERIO, Claimant, v. GLEN PARTITIONS, INC., et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 26, 2009.

CARDONA, P.J.

Decedent's disability due to occupational disease was established in August 1988 for asbestos-related pleural disease (see Workers' Compensation Law § 3 [2] [30]) and, in June 1996, for the dust disease of asbestosis (see Workers' Compensation Law § 3 [2] [29]). The employer's workers' compensation carrier duly filed a notice of claim seeking reimbursement from the Special Disability Fund for decedent's disability benefits. In...

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