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IN THE MATTER OF DOWNER v. NYNEX

55 A.D.3d 1169 (2008)

865 N.Y.S.2d 792

In the Matter of the Claim of MELVINA DOWNER, Appellant, v. NYNEX, Now Known as VERIZON, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

October 30, 2008.

Cardona, P.J.

Claimant, who began her employment as a telephone operator in 1970, applied for workers' compensation benefits in 1995 claiming bilateral hearing loss due to long-term exposure to workplace noise. According to claimant, she suffered hearing loss due to her continued use at work of a headphone set that did not have volume control. At a 1998 hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) found claimant's evidence to be insufficient to establish...

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