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IN THE MATTER OF CLAIM OF ESTRADA v. PEEPELS MECHANICAL CORPORATION

30 A.D.3d 659 (2006)

817 N.Y.S.2d 401

In the Matter of the Claim of ROBERT ESTRADA, Respondent, v. PEEPELS MECHANICAL CORPORATION et al., Appellants. STATE INSURANCE FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

June 1, 2006.

Kane, J.

Claimant, a construction worker, had his case established in May 2001 for occupational disease resulting in bilateral hearing loss. Necessary medical treatment was authorized but, given the fact that claimant had not removed himself from noise exposure, wage replacement benefits were not awarded. Claimant thereafter filed a request for further action, advising that he was no longer subject to the noise exposure and asserting a claim for permanent hearing...

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