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MATTER OF VALK v. HUDSON CEMENT

140 A.D.2d 835 (1988)

In the Matter of the Claim of Calvin Valk, Appellant, v. Hudson Cement et al., Respondents. Workers' Compensation Board, Respondent

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

May 12, 1988

Mercure, J.

The sole issue presented is whether, as a matter of law, a claimant exposed to harmful dust at work from 1959 to April 1974, but not thereafter, is eligible for compensation benefits pursuant to Workers' Compensation Law § 39 for partial disability due to causally related occupational disease.

Workers' Compensation Law § 39 was amended, effective July 1, 1974, so as to extend its...

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