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MATTER OF SCHMIDT v. FALLS DODGE, INC.

507136.

67 A.D.3d 1303 (2009)

890 N.Y.S.2d 148

2009 NY Slip Op 08750

In the Matter of the Claim of WAYNE SCHMIDT, Respondent, v. FALLS DODGE, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 25, 2009.

Lahtinen, J.

In 2005, claimant filed three separate workers' compensation claims and was awarded benefits on each occasion. He submitted a fourth claim for hearing loss in 2007. After a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) established the claim for the occupational disease of binaural hearing loss and awarded claimant a 21.43% schedule loss of use, to be paid at $400 per week for 32.145 weeks. Although the WCLJ also established the date of...

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