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MTR BROGAN v. FORD MOTOR CO.

98 A.D.2d 21 (1983)

In the Matter of the Claim of Patrick Brogan, Respondent, v. Ford Motor Company, Appellant. Workers' Compensation Board, Respondent

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

December 22, 1983

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Ronald E. Weiss and Marvin H. Mason of counsel), for appellant.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Frank S. Kedzielawa and Gerard R. Fornes of counsel), for Patrick Brogan, respondent.

Robert Abrams, Attorney-General (Howard B. Friedland, Reed Brody and Carlin Meyer of counsel), for Workers' Compensation Board, respondent.

Colleran, O'Hara, Kennedy & Mills, P. C., for New York State AFL-CIO, amicus curiae.

Adams & Justice, P. C. (Lawrence P. Justice and D. Alan Wrigley, Jr., of counsel), for Business Council of New York State, Inc., amicus curiae.

MAHONEY, P. J., KANE, MIKOLL and LEVINE, JJ., concur.

SWEENEY, J.

In December of 1980, claimant, an employee of Ford Motor Company, filed a claim for occupational loss of hearing due to a 30-year period of exposure to noise at injurious levels. The board awarded him benefits based on a 23% binaural hearing loss. Shortly thereafter, by a supplemental decision, the board reaffirmed this decision. By its initial decision the board held that the regulations on which...

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