Legal Opinion

Claim of Scheulen v. New York Times Co.

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

Decided October 18, 1984Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed May 25, 1983, which discharged the Special Fund for Reopened Cases from liability.

Claimant retired on December 19,1969 after working some 25 years as a pressman during which he was exposed to industrial noise. Eleven years later on October 10, 1980, claimant filed a claim for occupational loss of hearing pursuant to article 3-A of the Workers’ Compensation Law and received an award for 40.7% binaural loss. The employer and its carrier did not dispute *503the award, only their obligation to pay it. Having concluded that no advance…

2Cases cited4 opinions

  1. Matter of Casey v. Hinkle Iron WorksNew York Court of Appeals · 1949
  2. Riley v. Aircraft Products Manufacturing Corp.New York Court of Appeals · 1976
  3. Claim of Thomas v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Claim of Collins v. Aluminum Co. of AmericaNew York Court of Appeals · 1978

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