Legal Opinion

Claim of Zahm v. National Fuel

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

Decided April 15, 2010PublishedCited by 3 opinions

1Opinion of the Court

Peters, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed December 5, 2008, which ruled that claimant had a 20.4% schedule loss of use for binaural loss of hearing.

Claimant worked for the employer in numerous capacities— first as a data entry clerk and then in various customer-related positions—for 31 years until she retired in July 2005. A preemployment hearing examination conducted in 1974 revealed that claimant had a measurable loss of hearing at that time. In August 2007, claimant filed this claim contending that she had sustained an occupational hearing loss due to…

2Cases cited2 opinions

  1. Elida Shkreli v. Initial Contract ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  2. Downer v. NYNEXAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by3 opinions

  1. Matter of Granville v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 2016
  2. Claim of Bailey v. Binghamton Precast & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Claim of Bailey v. Binghamton Precast & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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