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MATTER OF WITUCKI v. AM. MACH. & FOUNDRY CO.

24 A.D.2d 906 (1965)

In the Matter of the Claim of Stanley P. Witucki, Respondent, v. American Machinery & Foundry Co. et al., Appellants, and Pullman Company, Respondent. Workmen's Compensation Board, Respondent

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

November 10, 1965

MEMORANDUM BY THE COURT.

The brief further states, however, that the "total overall permanent occupational loss of hearing is 24 per cent binaural" and proceeds to argue that the award should be limited to the 1½% binaural loss incurred in its employment. Under subdivision 1 above referred to, however, the "last employer" is "liable for the payment of the total compensation due the employee for his loss of hearing caused by all of his employments in which he...

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