Claim of Valk v. Hudson Cement

— Mercure, J.

The sole issue presented is whether, as a matter of law, a claimant exposed to harmful dust at work from 1959 to April 1974, but not thereafter, is eligible for compensation benefits pursuant to Workers’ Compensation Law § 39 for partial disability due to causally related occupational disease.

Workers’ Compensation Law § 39 was amended, effective July 1, 1974, so as to extend its coverage to partial disability resulting from exposure to silica or other harmful dust. The amendment was to be applicable "only where there has been injurious exposure to silica or other harmful dust for…