Hutchinson v. Lansing Conduit Corp.
In the Matter of Bill Hutchinson v. Lansing Conduit Corporation, and Travelers Indemnity Company of America, Workers' Compensation Board
Full Opinion (html_with_citations)
Claimant asserted that he had sustained work-related hearing loss in both ears and filed the present workersâ compensation claim. An investigation revealed that Reliance National Insurance Company had provided workersâ compensation insurance coverage to the employer from January to July 1996. The Workersâ Compensation Board ultimately determined that the date of claimantâs disablement was March 13, 1996 and held that, if the claim is established, Reliance would be the responsible carrier. Reliance and its third-party administrator (hereinafter collectively referred to as Reliance), as well as the employer, appeal.
We affirm. Under Workersâ Compensation Law § 49-bb, which addresses work-related hearing problems, âthe general rule is that the carrier on the risk on the date of disablement is responsible for the awardâ (Matter of Di Matteo v Duche & Son, 33 AD2d 1089, 1089 [1970]). There is no question that Reliance
The remaining arguments of Reliance and the employer, to the extent they are properly before us, have been examined and found to be without merit.
Mercure, J.P., Spain, Rose and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.