Claim of Graham v. Armstrong Contracting & Supply Co.

OPINION OF THE COURT

Mikoll, J.

The issue before us is whether Workers’ Compensation Law § 39, as amended by Laws of 1974 (ch 577), covers claimant who had exposure to harmful dust from 1931 to 1966 and from 1971 until November 1974. He was diagnosed as having asbestosis on December 3, 1979. The Workers’ Compensation Board held that Workers’ Compensation Law § 39 requires that a worker partially disabled by a dust disease must work in the State under injurious conditions for six months after July 1, 1974 to be eligible for compensation and claimant, having failed to meet this contingency, is…