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A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an accidental injury claim on essentially the same facts, held a New York appellate court. Noting that the case had originally been remitted to the Board for further proceedings, the court said that after remand, the Board was free to consider the new theory for the claim.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Matter of Connolly v. Covanta Energy Corp., 2019 N.Y. App. Div. LEXIS 4297 (May 30, 2019)
See generally Larson’s Workers’ Compensation Law, § 127.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see