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N.Y. 3rd: Exact Allergen Not Requirement For Causal Link

Friday, July 20, 2007 | 0

A claimant's inability to identify the specific allergen that caused his disease does not negate his claim, a New York court ruled. The Supreme Court, Appellate Division, 3rd Judicial Department ruled the Workers' Compensation Board misinterpreted the court's prior decision in Matter of Adams v. Univera Health Care/Excellus, by overemphasizing the fact that the claimant in that case did not link a specific contaminant to her illness. "Simply put, our decision in Adams does not stand for the proposition that a claimant's failure to identify the specific allergen or contaminant responsib...

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