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MATTER OF CALI v. E.J. MILITELLO CONCRETE, INC.

506300.

66 A.D.3d 1067 (2009)

886 N.Y.S.2d 248

2009 NY Slip Op 6750

In the Matter of the Claim of JAMES M. CALI, Appellant, v. E.J. MILITELLO CONCRETE, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 1, 2009.

Kane, J.

Claimant, a cement mason, began experiencing fatigue and shortness of breath in November 1998 and immediately sought medical attention. He did not return to work and submitted an application for workers' compensation benefits one year later, asserting that he suffered injuries to his internal organs as a result of exposure to cement dust. After a Workers' Compensation Law Judge (hereinafter WCLJ) initially concluded that there was no prima facie medical evidence...

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