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DEPCZYNSKI v. ADSCO/FARRAR

84 N.Y.2d 593 (1994)

644 N.E.2d 1314

620 N.Y.S.2d 758

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

Court of Appeals of the State of New York.

Decided December 8, 1994.

Attorney(s) appearing for the Case

William L. Weinstock, New York City, and Raymond C. Green for Adsco/Farrar & Trefts and another, appellants.

G. Oliver Koppell, Attorney-General, New York City (Theresa E. Wolinski, Jerry Boone, Peter H. Schiff and Jane Lauer Barker of counsel), for Workers' Compensation Board, appellant.

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

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

Under a special statute relating to workers' compensation claims for occupational hearing loss, claims must be filed, in cases of delayed discovery, within 90 days after "knowledge" that the hearing loss is causally related to the employment (Workers' Compensation Law § 49-bb). Where the employee himself attributed a recognized hearing loss to occupational noise exposure, but did not medically...

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