New York Court: Contradicted Exposure Testimony Supports 'Last Injurious' Finding

New York Court: Contradicted Exposure Testimony Supports 'Last Injurious' Finding

NEW YORK - A man's testimony that he suffered exposure to asbestos at a fuel company, while conflicting with other testimony, constitutes substantial evidence in support of holding the employer liable as for the "last injurious exposure," a New York appeals court held Nov. 8 (In the matter of the claim of James Ward v. General Utilities, et al. and NY Choice Self-Insurance Trust, et al., workers' compensation board,   No. 512606, N.Y. Sup., App. Div., 3rd Dept.; 2012 N.Y. App. Div. LEXIS 7332).

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