MATTER OF LUMSDEN v. DESPATCH SHOPS


5 A.D.2d 242 (1958)

In the Matter of the Claim of Robert Lumsden, 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.

March 5, 1958.


Attorney(s) appearing for the Case

Franklin A. Goldwater for appellants.

Myer Braiman for Liberty Mutual Insurance Company, respondent.

William A. Specht for claimant-respondent.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON and GIBSON, JJ., concur.


BERGAN, J.

The controversy in this case lies between two insurance carriers as to responsibility for impairment of hearing found to be an occupational disease. From July, 1925 to April, 1954 claimant worked for the same employer at a steel mill in which railroad cars were made.

During a substantial part of this period, until May of 1946, he was riveter in a noise-laden environment. He then worked as a...

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