Barbara Commarata v. Cook, Inc. (2005)

Our plain-English summary of Barbara Commarata v. Cook, Inc. (New York Supreme Court, Appellate Division, June 23, 2005).

Barbara Cammarata filed a workers' compensation claim for death benefits after the death of her husband, Thomas Cammarata. He worked as a drywall finisher for Azor Drywall Company from 1964 to 1967 and died of mesothelioma, allegedly caused by asbestos exposure at work. The Workers' Compensation Board established the claim and held Merchants Mutual Insurance Company liable for payment as Azor's carrier. The Board found that Merchants was Azor's carrier in 1965 and that coverage was presumed to continue unless there was proof of cancellation or refusal to renew. Azor and Merchants appealed. The Appellate Division, Third Department, relied on its companion decision in Matter of Cammarata v Caldwell & Cook, decided the same day. It found that substantial evidence supported the Board's determination and affirmed the decision without costs.

We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.

The decision

• Court: New York Supreme Court, Appellate Division, 3rd Dept.
• Decided: June 23, 2005
• Citation: 19 A.D.3d 886
• Stage: Appeal from workers' compensation or benefits
• State: New York

Outcome. The Appellate Division affirmed the Workers' Compensation Board's decision that Merchants Mutual Insurance Company was Azor Drywall's carrier, so the appellants Azor and Merchants lost and the widow's death benefits claim stood.

What the court held. Substantial evidence supported the Board's finding that Merchants was the employer's workers' compensation carrier in 1965, with coverage presumed to continue absent proof of cancellation or refusal to renew.

Issues decided: Wrongful Death and Survival, Employer and Contractor Liability, and Workers' Compensation, Insurance Coverage.

The people and their exposure

• Thomas Cammarata: mesothelioma; died

The defendants

• Azor Drywall Company (employer)
• Merchants Mutual Insurance Company (insurer)
• Caldwell & Cook, Inc. (employer)

The court's opinion

The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.

19 A.D.3d 886 (2005)

798 N.Y.S.2d 921

In the Matter of the Claim of BARBARA CAMMARATA, Respondent,

v.

CALDWELL & COOK, INC., etal., Respondents, and

AZOR DRYWALL COMPANY et al., Appellants.

WORKERS' COMPENSATION BOARD, Respondent.

June 23, 2005.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Spain, J.P., Rose, Lahtinen and Kane, JJ., concur.

Carpinello, J.

The facts and legal arguments presented in this case are nearly identical to those in Matter of Cammarata v Caldwell & Cook (19 AD3d 884 [decided herewith]) involving the brother of Thomas Cammarata (hereinafter decedent). In brief, decedent worked as a drywall finisher for Azor Drywall Company from 1964 to 1967 and died of mesothelioma allegedly caused by his workplace exposure to asbestos. Claimant, his wife, thereafter filed this claim for death benefits. A workers' compensation claim was established, and Azor's workers' compensation carrier, Merchants Mutual Insurance Company, was held liable for payment. The Workers' Compensation Board, among other things, affirmed that part of the decision, finding that Merchants was Azor's workers' compensation carrier in 1965 and that coverage was presumed to continue absent proof of cancellation of coverage or refusal to renew coverage. Azor and Merchants now appeal. For the reasons set forth in Matter of Cammarata v Caldwell & Cook (supra), we find that substantial evidence supports the Board's determination and, therefore, affirm.

Ordered that the decision is affirmed, without costs.

Sources

• The opinion on Google Scholar
• New York asbestos laws
• New York asbestos exposure sites