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MATTER OF TROMBINO v. FMB INC.

532194.

210 A.D.3d 1212 (2022)

177 N.Y.S.3d 799

2022 NY Slip Op 06301

In the Matter of the Claim of Marc Trombino, Claimant, v. FMB Inc., Respondent, and Liberty Insurance Corporation, Appellant, and Ace American Insurance Company, Respondent. Workers' Compensation Board, Respondent.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

Chartwell Law, New York City (Jason D. Lewis of counsel), for appellant.

Foley, Smit, O'Boyle & Weisman, Hauppauge (Theresa E. Wolinski of counsel), for Ace American Insurance Company, respondent.

Letitia James, Attorney General, New York City (Marjorie S. Leff of counsel), for Workers' Compensation Board, respondent.

Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed March 5, 2020, which ruled that Liberty Insurance Corporation is responsible for claimant's workers' compensation benefits.

In September 2016, claimant, an iron worker, filed a claim for workers' compensation benefits, citing work-related lung conditions, including...

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