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MTR THOMAS v. BETHLEHEM

95 A.D.2d 118 (1983)

In the Matter of the Claim of Daniel Thomas, Respondent, v. Bethlehem Steel Corporation, Appellant. Workers' Compensation Board, Respondent

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

August 4, 1983

Attorney(s) appearing for the Case

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

Robert Abrams, Attorney-General (Morris N. Lissauer and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., SWEENEY, CASEY and WEISS, JJ., concur.

MAIN, J.

On August 1, 1970, claimant retired after 42 years of employment with the Bethlehem Steel Corporation. On January 16, 1981, he filed a claim against Bethlehem, a self-insured employer, seeking compensation for an alleged occupational loss of hearing pursuant to article 3-A of the Workers' Compensation Law. At the request of Bethlehem, claimant was examined on January 23, 1981 by a doctor who concluded that claimant had a binaural loss of hearing...

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