Matter of Durkot v. Newsday

Appeal from a decision of the Workers’ Compensa tion Board, filed February 8, 2016, which ruled that setting the date of disablement for the purposes of a schedule loss of use award was premature pursuant to Workers’ Compensation Law § 49-bb.

In 2010, claimant, a pressman at a newspaper company, applied for workers’ compensation benefits claiming hearing loss due to long-term exposure to workplace noise. A Workers’ Compensation Law Judge determined that claimant suffers from work-related bilateral sensorineural hearing loss and tinnitus, but that setting a date of disablement for the purposes…