What Happened in Felix vs. Weber Metals Reconsideration?
Shelton Marzette, a truck driver for Pat Salmon and Sons, Inc., filed for an expedited hearing after sustaining a hearing injury on July 31, 2014, while working in Denver, Colorado. He experienced a 'pop' in his ears, causing hearing loss and vertigo. His claim for medical and temporary disability benefits was denied by his employer based on Dr. Rucker's opinion that the injury was not work-related. The Court found the employer's provided panel of physicians defective because it lacked specialists for hearing injuries, thus invalidating Dr. Rucker's presumptive correctness. Consequently, the Court ordered Pat Salmon and Sons, Inc. to provide Mr. Marzette with a new panel of physicians specializing in hearing injuries to determine causation and period of disability.