MATTER OF DECKER v. KINGS PARK INDUSTRIES, INC.


278 A.D.2d 530 (2000)

716 N.Y.S.2d 833

In the Matter of the Claim of EDWARD DECKER, Appellant-Respondent, v. KINGS PARK INDUSTRIES, INC., et al., Respondents-Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 7, 2000.


Lahtinen, J.

Claimant, an operating engineer, filed a claim in November 1993 seeking workers' compensation benefits for an occupational "27.9 percent binaural hearing loss" allegedly suffered during the course of his employment with Kings Park Industries from 1990 until he was laid off in February 1993. Claimant testified that his duties involved overseeing the operation of an asphalt plant requiring him to work in close proximity to four 10-horsepower motors and...

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