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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 22, 2014

Matter of Granville v. Town of Hamburg

Claimant, a laborer and light equipment operator, filed for workers' compensation benefits in May 2013, alleging occupational hearing loss from loud noise exposure during his employment from 2003 to 2012. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board concluded that claimant suffered a causally-related binaural loss of hearing. The self-insured employer and its third-party administrator appealed, contending that the record lacked evidence of injurious noise exposure and a causal link. The Appellate Division affirmed the Board's decision, giving deference to the Board's finding that the opinion of the treating otolaryngologist, Sayeed Nabi, was more credible. Nabi had concluded that the significant improvement in claimant's hearing after cessation of employment indicated noise-induced hearing loss.

Occupational Hearing LossNoise ExposureCausal RelationWorkers' Compensation BenefitsBinaural Hearing LossMedical EvidenceTreating PhysicianConflicting Medical OpinionsAppellate ReviewBoard Decision Affirmed
References
11
Case No. 2017 NY Slip Op 04341 [151 AD3d 1152]
Regular Panel Decision
Jun 01, 2017

Matter of Durkot v. Newsday

In this workers' compensation case, claimant Daniel Durkot, a pressman, sought benefits for occupational hearing loss due to workplace noise exposure since 2010. His requests for a schedule loss of use award were repeatedly denied as premature by a Workers' Compensation Law Judge and affirmed by the Workers' Compensation Board. The Board ruled that setting the date of disablement was premature under Workers' Compensation Law § 49-bb because he continued to work in the same position and was exposed to the same noise, even with ear protection. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant had not been "removed from exposure to harmful noise" for the requisite three-month period, as his continued use of the same ear protection that failed to prevent the initial hearing loss did not constitute effective removal.

Occupational Hearing LossWorkers' Compensation BenefitsSchedule Loss of Use AwardDate of DisablementWorkplace Noise ExposureEar Protection DevicesSubstantial EvidenceAppellate ReviewClaimant AppealEmployer Responsibility
References
4
Case No. MISSING
Regular Panel Decision
Dec 05, 2008

Claim of Zahm v. National Fuel

The claimant, who worked for the employer for 31 years, filed a claim in August 2007 alleging occupational hearing loss due to long-term noise exposure from telephone use. A Workers’ Compensation Law Judge found a 20.4% schedule loss of use for binaural hearing loss, which the Workers’ Compensation Board affirmed. The employer appealed, arguing insufficient proof of injurious noise exposure and a lack of causal connection between the employment and the hearing loss. The appellate court agreed with the employer, finding the claimant's description of noise levels too vague and the medical testimony, specifically from treating otolaryngologist Robin Lazar-Miller, to be based on erroneous assumptions and not adequately refuting the employer's expert, Joel Bernstein. Consequently, the Board's decision was reversed, and the claim was dismissed due to insufficient proof of causation.

References
2
Case No. MISSING
Regular Panel Decision
Sep 16, 2002

Claim of Gandolfo v. MTK Electronics

Claimant, employed by MTK Electronics, developed Hodgkin’s disease due to exposure to trichloroethylene and trichloroethane. A Workers’ Compensation Law Judge found a causally related occupational disease and awarded benefits, a decision affirmed by the Workers’ Compensation Board. The Board emphasized the claimant's treating physician's expert testimony, which established a link between the disease and chemical exposure at work. The employer's requests for reconsideration or full Board review were denied. The appellate court affirmed the Board's decision, finding substantial evidence supported the causal link between claimant's employment and her occupational disease.

Workers' CompensationOccupational DiseaseHodgkin's DiseaseChemical ExposureTrichloroethyleneTrichloroethaneCausalityExpert TestimonyMedical OpinionBoard Review
References
11
Case No. MISSING
Regular Panel Decision

Claim of Salerno v. Newsday, Inc.

In October 1993, a claimant filed for workers' compensation benefits due to hearing loss from noise exposure during their employment as a pressman. A Workers' Compensation Law Judge (WCLJ) established occupational disease, notice, and causal relationship (ODNCR) and awarded benefits. The Workers' Compensation Board affirmed the establishment of ODNCR but rescinded the award of compensation as premature, restoring the case to the trial calendar for further development of the record on the issue of the claimant's removal from or separation from harmful noise exposure. The employer appealed this Board decision. The appellate court dismissed the appeal as interlocutory, stating that it neither disposed of all substantive issues nor involved a threshold legal issue that could be dispositive of the claim.

Workers' CompensationOccupational DiseaseHearing LossPremature AwardInterlocutory AppealAppellate ProcedureBoard DecisionClaim DismissalRecord DevelopmentNew York Law
References
2
Case No. CV-23-2014
Regular Panel Decision
Jun 27, 2024

In the Matter of the Claim of Andrew DeWolf

Claimant, Andrew P. DeWolf, an emergency medical technician for Wayne County, filed a claim for workers' compensation benefits alleging binaural hearing loss due to prolonged workplace noise exposure. While the Workers' Compensation Law Judge initially established the claim, the Workers' Compensation Board reversed this decision, concluding that the claimant failed to provide competent medical evidence to establish a causally-related occupational disease. On appeal, the Appellate Division affirmed the Board's decision, finding the medical opinions from two otolaryngologists to be speculative due to insufficient data on noise levels, duration of exposure, and the claimant's recreational hunting history. The court also dismissed the claimant's arguments regarding jurisdiction and due process.

Workers' CompensationOccupational DiseaseHearing LossCausationMedical EvidenceAppellate ReviewEMTWorkplace Noise ExposureSpeculative Medical OpinionDue Process
References
13
Case No. 531864
Regular Panel Decision
May 27, 2021

Matter of Gandurski v. Abatech Indus., Inc.

In this workers' compensation appeal, claimant Wieslaw Gandurski sought benefits for binaural hearing loss, alleging it was an occupational disease from prolonged noise exposure as an asbestos handler for Abatech Industries, Inc. The Workers' Compensation Board (WCB) disallowed the claim, finding insufficient medical evidence to establish a causal link, noting inconsistencies in claimant's medical history and his continued noise exposure in subsequent employment. The Appellate Division, Third Department, affirmed the WCB's decision, deferring to the Board's factual determinations and credibility assessments, which were deemed supported by substantial evidence. The court concluded that there was inadequate medical proof to connect claimant's hearing loss to his work with the employer of record. Claimant's remaining contentions were found to be without merit.

Occupational DiseaseBinaural Hearing LossAsbestos HandlerWorkers' Compensation BenefitsCausal RelationshipMedical EvidenceCredibility AssessmentSubstantial EvidenceAppellate ReviewUnion Organizer
References
11
Case No. CV-24-0449
Regular Panel Decision
Oct 09, 2025

Matter of Spada v. Keeler Constr. Co.

Claimant, a heavy equipment operator, filed a claim for workers' compensation benefits alleging binaural hearing loss due to prolonged workplace noise. The Workers' Compensation Board affirmed a decision establishing the claim for occupational disease and an 11.25% schedule loss of use. The employer and carrier appealed, contending a lack of causal relationship. The Appellate Division, Third Department, found that the Board's decision that claimant sustained a causally-related binaural hearing loss was not supported by substantial evidence. The court cited inconsistent medical histories, other documented sources of noise exposure, and audiogram results that were inconsistent with noise-induced hearing loss, reversing that part of the decision and remitting the matter for further proceedings.

Occupational DiseaseHearing LossCausationMedical EvidenceSubstantial EvidenceWorkers' Compensation BoardAppellate ReviewSchedule Loss of UseNoise ExposureInconsistent Medical History
References
11
Case No. MISSING
Regular Panel Decision
Jan 25, 1988

Claim of MacVittie v. Guterl Speciality Steel. Co.

The claimant suffered an occupational loss of hearing and appealed a decision by the Workers’ Compensation Board. The Board had deemed his claim for compensation benefits premature due to his ongoing exposure to injurious noise while employed by New York State Electric & Gas Company (NYSEG). The claimant testified to working outdoors without hearing protection, exposed to noise from coal and limestone unloading. The court found this testimony constituted substantial evidence supporting the Board’s determination that the claimant continued to be exposed to injurious noise, thus not qualifying as disabled under Workers’ Compensation Law § 49-bb. Consequently, the appellate court affirmed the Board’s decision, also noting that the Board’s findings were not binding on NYSEG, a non-party, and lack of notice to NYSEG did not warrant reversal.

Occupational Loss of HearingInjurious Noise ExposurePremature ClaimWorkers' Compensation BoardAppellate DecisionSubstantial EvidenceEmployer LiabilityNotice RequirementHearing Protection
References
3
Case No. MISSING
Regular Panel Decision
Jan 30, 2002

Pelli v. St. Luke's Memorial Hospital Center

The claimant, a cytology technician, sought workers' compensation benefits for an occupational disease involving toxoplasmosis and xylene exposure. Initially, a Workers’ Compensation Law Judge established the claim, but the employer's carrier appealed to the Workers’ Compensation Board. The Board, after consulting an impartial specialist who found no evidence of toxoplasmosis and determining xylene exposure was within acceptable limits, denied the claim. The claimant then appealed this decision. The Appellate Division affirmed the Board's denial, citing substantial evidence and confirming the Board's discretionary authority to review the WCLJ's decision despite a procedural challenge.

occupational diseasetoxoplasmosisxylene exposureworkers' compensation benefitscausally related disabilitysubstantial evidenceBoard reviewuntimely appealcredibilityimpartial medical examination
References
5
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