27 N.Y.2d 143 (1970)

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In occupational hearing loss cases under the New York Workmen’s Compensation Law, the “last employer” liable for compensation is the last employer over whom the New York State Workmen’s Compensation Board has jurisdiction, even if the claimant continued similar employment elsewhere without a significant break.

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Summary

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The claimant, Marinelli, continuously worked for the same employer for 22 years in New York, experiencing harmful noise exposure. He then immediately continued similar work in New Jersey. Despite the lack of a six-month break in exposure required by New York law, Marinelli sought compensation in New York. The Workmen’s Compensation Board granted the claim against the New York employer, interpreting “last employer” to mean the last employer under New York’s jurisdiction. The Court of Appeals affirmed, reasoning that the phrase “last employer” must be consistently interpreted throughout the statute, and in several instances, it clearly refers to the last employer subject to the Board’s jurisdiction. This case clarifies the scope of employer liability in occupational disease claims spanning multiple jurisdictions.

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Facts

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1. Marinelli was employed by City Service Oil Co. in New York for 22 years.

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2. During his employment in New York, Marinelli was continuously exposed to harmful noise levels.

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3. Immediately after leaving his New York position, Marinelli took up similar work under similar conditions in New Jersey.

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4. There was no six-month hiatus in exposure to harmful noise between his New York and New Jersey employment, a requirement under section 49-bb of the Workmen’s Compensation Law.

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5. Marinelli filed a claim for occupational hearing loss in New York, seeking compensation from his former New York employer.

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Procedural History

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1. The Workmen’s Compensation Board allowed Marinelli’s claim.

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2. The Appellate Division confirmed the award of the Workmen’s Compensation Board.

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3. The case was appealed to the New York Court of Appeals.

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Issue(s)

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Whether the phrase “last employer” in section 49-bb of the Workmen’s Compensation Law refers to (1) the last employer of the claimant, regardless of jurisdiction, or (2) the last employer subject to the jurisdiction of the New York State Workmen’s Compensation Board.

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Holding

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Yes, the phrase “last employer” in section 49-bb of the Workmen’s Compensation Law refers to the last employer subject to the jurisdiction of the New York State Workmen’s Compensation Board, because the statute must be interpreted consistently, and in other instances, “last employer” clearly refers to an employer within the Board’s jurisdiction.

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Court’s Reasoning

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The Court of Appeals reasoned that the interpretation of the phrase