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MATTER OF SZYMANSKI v. ABA TECH INDUS., INC.

533319.

204 A.D.3d 1281 (2022)

167 N.Y.S.3d 598

2022 NY Slip Op 02600

In the Matter of the Claim of Andrezej Szymanski, Appellant, v. ABA Tech Industries, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

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

Tanisha S. Edwards, State Insurance Fund, Albany (Aviva Sharbin of counsel), for ABA Tech Industries, Inc. and another, respondents.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Fisher, JJ., concur.

In October 2018, claimant, an asbestos handler and/or removal worker, filed an occupational disease claim for workers' compensation benefits, alleging that he sustained binaural hearing loss due to prolonged and repeated exposure to loud noises while working for the employer. The employer and its workers' compensation carrier (hereinafter...

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