GRAHAM v. ARMSTRONG CONTR.


126 A.D.2d 36 (1987)

In the Matter of the Claim of Frank D. Graham, Appellant, v. Armstrong Contracting and Supply Company et al., Respondents. Workers' Compensation Board, Respondent

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

February 26, 1987


Attorney(s) appearing for the Case

Buckley & Mendleson, P. C. (Ira Mendleson, III, of counsel), for appellant.

Sullivan, Rehfuss, Cunningham & Brennan (Robert R. Snashall, III, of counsel), for Aetna Insurance Company, respondent.

MAHONEY, P. J., MAIN, LEVINE and HARVEY, JJ., concur.


MIKOLL, J.

The issue before us is whether Workers' Compensation Law § 39, as amended by Laws of 1974 (ch 577), covers claimant who had exposure to harmful dust from 1931 to 1966 and from 1971 until November 1974. He was diagnosed as having asbestosis on December 3, 1979. The Workers' Compensation Board held that Workers' Compensation Law § 39 requires that a worker partially disabled by a dust disease...

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