Legal Opinion
Depczynski v. Adsco/Farrar & Trefts
New York Court of Appeals
Decided December 8, 1994PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Under a special statute relating to workers’ compensation claims for occupational hearing loss, claims must be filed, in cases of delayed discovery, within 90 days after "knowledge” that the hearing loss is causally related to the employment (Workers’ Compensation Law § 49-bb). Where the employee himself attributed a recognized hearing loss to occupational noise exposure, but did not medically confirm that belief for more than 10 years, when was there "knowledge” sufficient to trigger the 90-day limitations period? We conclude that the statute’s knowledge…
2Cases cited7 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Urie v. ThompsonSupreme Court of the United States · 1949
- Claim of Thomas v. Bethlehem Steel Corp.New York Court of Appeals · 1984
- McCoy v. Union Pacific Railroad Co.Court of Appeals of Oregon · 1990
- Jones v. Maine Central RailroadDistrict Court, D. Maine · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hastings v. Fairport Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Gonzalez v. Ozalid Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Claim of Graniero v. Northern Westchester HospitalAppellate Division of the Supreme Court of the State of New York · 1999
- Rich v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2015
- Claim of Bonneau v. New York City Department of SanitationAppellate Division of the Supreme Court of the State of New York · 1996
10 more not listed; retrieve them via the Exa API.