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MATTER OF ZAHM v. NATIONAL FUEL

507858.

72 A.D.3d 1311 (2010)

898 N.Y.S.2d 367

In the Matter of the Claim of LINDA ZAHM, Respondent, v. NATIONAL FUEL, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 15, 2010.

PETERS, J.P.

Claimant worked for the employer in numerous capacities — first as a data entry clerk and then in various customer-related positions — for 31 years until she retired in July 2005. A preemployment hearing examination conducted in 1974 revealed that claimant had a measurable loss of hearing at that time. In August 2007, claimant filed this claim contending that she had sustained an occupational hearing loss due to long-term noise

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