The order of the Appellate Division should be affirmed, with costs.
Until July 1, 1974, an employee disabled by a dust disease, such as asbestosis, was entitled to workers' compensation only in the event of total disability. Workers' Compensation Law § 39 was amended, effective July 1, 1974, to afford a remedy to any employee disabled, whether partially or completely, as a result of exposure to noxious...
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