A Year in Review: 2020 New York Workers' Compensation Case Law Highlights

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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