1. WCL § 2(15): Occupational Disease - “The Nature of Employment” -
Matter of Renko v. NY State Police, 185 AD3d 1198 (3d Dept 2020) -
• Facts: Claimant, an auto body mechanic, alleged that he developed prostate cancer as a result of exposure to toxins at a facility in Albany, NY, while cleaning police vehicles involved in WTC clean-up operations. The Board found that the claim did not meet the requirements of an occupational disease, reasoning that claimant was exposed to toxins that were not a normal attribute of his work. Considering the claim as one for accidental injury, the Board found the date of accident to be September 12, 2002 and disallowed it as time-barred under § 28.
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