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DEPCZYNSKI v. ADSCO/FARRAR

195 A.D.2d 74 (1993)

In the Matter of the Claim of Anthony P. Depczynski, Appellant, v. Adsco/Farrar & Trefts et al., Respondents. Workers' Compensation Board, Respondent

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

December 30, 1993

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo (John A. Collins of counsel), for appellant.

Raymond C. Green, New York City, State Insurance Fund (William L. Weinstock of counsel), for Adsco/Farrar & Trefts and another, respondents.

WEISS, P. J., MIKOLL and MAHONEY, JJ., concur with CARDONA, J.; MERCURE, J., dissents in a separate opinion.

CARDONA, J.

On or about November 9, 1989, claimant filed a claim for occupational hearing loss against his former employer, Adsco/Farrar & Trefts (hereinafter the employer). At his hearing on May 21, 1991, claimant testified that the employer was in the boilermaking and heavy fabricating business and that, during the 34 years of his employment which ended in June 1980, he was regularly exposed to "very, very...

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