Legal Opinion · Dissent

Claim of Russell v. Union Forging Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1968Published

1DissentGabrielli, J.

I cannot agree with the majority that the claimant is presently entitled to a schedule award for binaural loss of hearing. Claimant was employed as a “ Hammerman ” for 22 years in a drop forging plant, employment which concededly exposed him to harmful noises. He terminated his employment with this New York employer in October, 1963 and during the same month obtained similar employment with another forging company in New Jersey, where he was exposed to the same kind of noise as in his previous work. Claimant executed a waiver to the New Jersey employer for any loss of hearing sustained by…

2Cases cited1 opinion

  1. Claim of Davis v. Dexter Folder Co.Appellate Division of the Supreme Court of the State of New York · 1952

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API