In Matter of Mayette v. Village of Massena Fire Dep't , firefighter Michael Mayette sought workers' compensation benefits after developing skin cancer.
It was Mayette's position that, during the course of a chemical spill clean-up, he was exposed to large amounts of xylene fumes which led to his cancer diagnosis.
The Workers' Compensation Board (WCB) found no evidence that Mayette's xylene exposure triggered his disability.
On appeal, the Appellate Division, Third Department, agreed. Apparently, Mayette's expert, Michael Lax, testified that xylene exposure was a significant factor but not the sole cause of the cancer. Lax also conceded that he had never considered the possibility that skin damage resulted from Mayette's activities as recreational diver and as a Marine who spent several years on boats.
Since the Board correctly rejected Lax's testimony, Mayette's case was dowsed.
To download a copy of the Appellate Division's decision, please use this link: Matter of Mayette v. Village of Massena Fire Dep't