- Court
- New York Supreme Court, Appellate Division, Third Department
- Case
- Matter of Kowalski v. A Quest Corporation
- Date
- May 28, 2026
- Slip Op. No.
- 2026 NY Slip Op 03343
Background
Claimant Krzysztof Kowalski, an asbestos handler, worked for numerous employers from December 1965 through January 2016. He filed an occupational disease claim in January 2017, alleging hearing loss due to prolonged exposure to loud noise. The Workers’ Compensation Law Judge initially found that Vestar, Inc., the last named employer, was not the employer of last exposure because the only noise exposure during that employment was from domestic vacuum cleaners. The inquiry shifted to other employers, including Pinnacle Environmental Corp. and A Quest Corporation. The WCLJ established the claim and determined that A Quest and its carrier were responsible for the claim. The Workers’ Compensation Board affirmed, holding that A Quest and its carrier were not responsible for the claimant’s entire hearing loss. A Quest and its carrier appealed, arguing that the Board erred in finding them liable when other employers also exposed the claimant to harmful noise.
Holding
The Appellate Division affirmed the Board’s decision. The Court upheld the Board’s finding regarding which employer and carrier were responsible for the claimant’s hearing loss, examining the complex question of which employer bore liability when a worker suffered occupational hearing loss over a fifty-year career spanning multiple employers. The Court applied the rules governing last injurious exposure in occupational disease claims, which generally assign liability to the employer and carrier at the time of the last harmful exposure. The Board’s factual determinations regarding the nature and extent of noise exposure at each employer were supported by substantial evidence in the record.
Takeaways
In occupational hearing loss claims involving multiple employers over a lengthy career, liability is generally assigned to the employer and carrier at the time of the last injurious exposure to harmful noise levels. The inquiry focuses on which employer exposed the worker to noise sufficient to contribute to hearing loss, not merely which employer was the last to employ the worker. Exposure to only domestic-level noise (such as vacuum cleaners) does not constitute injurious exposure for purposes of determining the last responsible employer. The Board’s factual findings on the nature of noise exposure at each employer are entitled to deference on appeal.
Why It Matters
This case is important for workers’ compensation practitioners handling occupational hearing loss claims because it illustrates the practical difficulties of applying the last injurious exposure rule when a claimant has worked for numerous employers over five decades. The distinction between industrial noise exposure and domestic-level noise is critical in determining which employer bears liability. Employers and carriers should maintain records of workplace noise levels and exposures, as these records may be decisive in determining whether their employment constituted the last injurious exposure in multi-employer occupational disease claims.