MATTER OF RUSSO v. DESPATCH SHOPS, INC.


280 A.D. 1008 (1952)

In the Matter of the Claim of John Russo, Respondent, v. Despatch Shops, Inc., et al., Appellants, and Liberty Mutual Insurance Company, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.


The controversy on appeal is between two insurance carriers. It is not disputed that claimant is entitled to an occupational disease award for loss of hearing, associated with shop noise. For many years claimant worked for the employer in its steel plant where he was exposed to loud and continuous noise. Before January 1, 1948, the respondent carrier Liberty Mutual was on the risk; after that date the appellant carrier Employers Mutual took over the risk. There was some change...

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