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MATTER OF MILLER v. MO MAIER LTD.

528306.

178 A.D.3d 1250 (2019)

2019 NY Slip Op 09069

In the Matter of the Claim of Rosemary L. Miller, Claimant, v. Mo Maier Ltd. et al., Appellants, and State Insurance Fund et al., Respondents, et al., Respondent. Workers' Compensation Board, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Law Offices of John Wallace, Buffalo (William L. Sherlock of counsel), for appellants.

Law Offices of Melissa A. Day, PLLC, Amherst (James B. Cousins of counsel), for State Insurance Fund, respondent.

Williams & Williams, Buffalo (Jared L. Garlipp of counsel), for CNA Claims Plus, Inc., respondent.

Letitia James, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.

Clark, J.P., Mulvey and Devine, JJ., concur.

Claimant's husband (hereinafter decedent) died in August 2012 and she thereafter applied for workers' compensation death benefits alleging that he died from mesothelioma due to asbestos exposure at work. Multiple potential liable employers and insurers were put on notice and controverted the claim. A Workers' Compensation Law Judge...

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