Appellate Division of the Supreme Court of the State of New York July 14, 1977 (Claim of McGarry v. Capatano & Grow Construction Co.)

Greenblott, J.

In 1960 the claimant was determined to be permanently partially disabled with an occupational disease and an award of compensation was made at that time ordering payments to continue until evidence of a change in claimant’s condition or earnings. By subsequent decisions, the appellant employer was held to be entitled to apportionment from prior employers.