Claim of MacVittie v. Guterl Speciality Steel. Co.

Appeal from a decision of the Workers’ Compensation Board, filed January 25, 1988.

Claimant suffered an occupational loss of hearing and appeals from a decision of the Workers’ Compensation Board that his claim for compensation benefits is premature because he is still subjected to injurious noise exposure (see, Workers’ Compensation Law § 49-bb). We affirm. At the hearing, claimant testified that he was employed by New York State Electric & Gas Company (hereinafter NYSEG), that he worked outside "a lot”, that he did not wear noise protectors when working outside because he had to be able to…