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MATTER OF CALA v. PAL ENVTL. SAFETY CORP.

533423.

203 A.D.3d 1367 (2022)

165 N.Y.S.3d 154

2022 NY Slip Op 01498

In the Matter of the Claim of Ryszard Cala, Appellant, v. PAL Environmental Safety Corp. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Schotter, Millican, Sinaniyeva & Masilela, LLP, New York City ( Geoffrey Schotter of counsel), for appellant.

Vecchione, Vecchione, Connors & Cano, Garden City ( Brian M. Anson of counsel), for PAL Environmental Safety Corp. and another, respondents.

Clark, Aarons, Reynolds Fitzgerald and McShan, JJ., concur.

From 2001 to April 2016, claimant worked as an asbestos handler and/or removal worker. In November 2017, claimant filed an occupational disease claim for workers' compensation benefits, alleging that he sustained binaural hearing loss due to prolonged and repeated exposure to background noises, including machinery at work. The employer...

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