Claim of Blair v. Bendix Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Until July 1, 1974, an employee disabled by a dust disease, such as asbestosis, was entitled to workers’ compensation only in the event of total disability. Workers’ Compensation Law § 39 was amended, effective July 1, 1974, to afford a remedy to any employee disabled, whether partially or completely, as a result of exposure to noxious dust in the course of employment, provided such exposure occurred on or after July 1, 1974 (see, L 1974, ch 577, §§ 3, 6).

Claimant appellant was exposed to…