A New York appellate court ruled that an employer could not transfer liability for a death benefits claim to the Special Fund for Reopened Cases, even though the fund was liable for the deceased worker’s original disability benefits.
Case: Matter of Kelly v. Consolidated Edison Co. of New York, No. 528566, 05/26/2022, published.
Facts: Christine Kelly’s husband had an established claim for asbestos-related pleural disease and asbestosis, with a date of disablement of Sept. 28, 2000.
In December 2011, liability for the claim was transferred from his employer, Consolidated Edison ...
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