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MATTER OF SZEWCZUK v. ETS CONTR., INC.

532172.

199 A.D.3d 1209 (2021)

158 N.Y.S.3d 329

2021 NY Slip Op 06409

In the Matter of the Claim of Teodor Szewczuk, Appellant, v. ETS Contracting, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Geoffrey Schotter , New York City, for appellant.

Egan Jr., Aarons, Pritzker and Colangelo, JJ., concur.

Claimant, an asbestos worker, stopped working in 2003. After a physician opined in 2019 that claimant's longstanding hearing loss was causally related to noise exposure at work, claimant sought workers' compensation benefits. A Workers' Compensation Law Judge disallowed the claim as untimely, finding that the date of disablement was...

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