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MATTER OF WEBB v. COOPER CROUSE

62 A.D.3d 57 (2009)

874 N.Y.S.2d 316

In the Matter of the Claim of MURIEL WEBB, as Widow of JERRY WEBB, Deceased, Respondent, v. COOPER CROUSE HINDS COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 5, 2009.

Attorney(s) appearing for the Case

Wolff, Goodrich & Goldman, L.L.P., Syracuse (Robert E. Geyer. Jr. of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.

LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In 1997, Jerry Webb (hereinafter decedent) was found to have a permanent partial disability, which was apportioned 75% to an occupational lung disease and 25% to noncompensable causes. Decedent was hospitalized in June 2005 in connection with his ongoing history of upper respiratory infection and fainting spells. Decedent's treating physician, Robert Newman, indicated that while decedent had a history of prostate cancer...

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