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MATTER OF BENNETT v. POIRIER & McLANE

35 A.D.2d 1045 (1970)

In the Matter of the Claim of Thomas H. Bennett, Respondent, v. Poirier & McLane et al., Appellants, and Liberty Mutual Insurance Company et al., Respondents. Workmen's Compensation Board, Respondent

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

December 21, 1970

Poirier & McLane was the last employer in whose employment claimant was exposed to harmful noise (Workmen's Compensation Law § 49-ee) and claimant had no preplacement examination before this employment. The statute has created an absolute test, one that is not within the board's discretion (cf. Matter of Di Matteo v. Duche & Son, 33 A.D.2d 1089).

Decision affirmed, with costs to the Workmen's Compensation...

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