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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2015-02-0155, 2015-02-0156, 40357-2015, 31700-2015
Regular Panel Decision
Apr 13, 2018

Muse, Estel Blackie v. Campbell County

Estel "Blackie" Muse, an employee of Campbell County, filed claims for multiple injuries, including his back, hearing loss, right shoulder, bilateral upper extremities, and occupational lung disease. The employer accepted the back and hearing-loss claims but denied the others. The Court of Workers’ Compensation Claims at Knoxville, presided by Judge Lisa A. Lowe, denied Mr. Muse's claims for his right shoulder, bilateral upper extremity, and occupational lung disease, finding he failed to establish compensability. However, the court granted permanent partial disability benefits for his back and hearing loss based on accepted medical opinions, incorporating increased benefits and applying a social security offset. The total award for permanent partial disability benefits was $79,073.37, and future medical benefits for his back and hearing loss were also awarded.

Workers' CompensationPermanent Partial DisabilityBack InjuryHearing LossOccupational Lung DiseaseRight Shoulder InjuryBilateral Upper Extremities InjuryMedical CausationPreponderance of EvidenceIndependent Medical Evaluation (IME)
References
5
Case No. MISSING
Regular Panel Decision

Claim of Estrada v. Peepels Mechanical Corp.

The claimant's case was established for occupational disease resulting in bilateral hearing loss. A Workers’ Compensation Law Judge (WCLJ) determined the date of disablement and, after initial discharge, reinstated the State Insurance Fund (Fund) to produce an apportionment report between occupational disease and traumatic hearing loss. The Fund appealed this decision. The Workers’ Compensation Board subsequently found the Fund was not the proper party as it did not cover the employer on the date of disablement and reversed the order for the apportionment report. The employer and its workers’ compensation carrier then appealed the Board's decision. The higher court affirmed the Board’s decision, noting that a claim for traumatic hearing loss was never formally made or pending before the Board.

Occupational DiseaseBilateral Hearing LossApportionmentDate of DisablementWorkers' Compensation CarrierState Insurance FundBoard DecisionAppellate ReviewTraumatic Hearing LossWCLJ Decision
References
1
Case No. 2016-03-0523
Regular Panel Decision
Nov 30, 2016

Hanneken, Kevin v. Consolidated Nuclear Services, LLC

Mr. Kevin Hanneken, a 61-year-old machinist, sought workers' compensation for binaural hearing loss, claiming his employer, Consolidated Nuclear Services, LLC (CNS), was liable for an aggregate 14% permanent medical impairment, which included a pre-existing 5% impairment. The central legal issue was CNS's liability for this pre-existing condition, given that Mr. Hanneken had an ascertainable rating at the start of his employment. The court ruled that the 'last injurious injury' rule does not apply under the Workers' Compensation Reform Act of 2013 when a pre-existing impairment is readily ascertainable. Consequently, the court found CNS not liable for Mr. Hanneken's pre-existing 5% hearing loss. Mr. Hanneken was awarded nine percent permanent partial disability for the increase in hearing loss during his employment with CNS, amounting to $34,749.00 in benefits, along with medical treatment for his bilateral hearing loss.

Hearing LossOccupational Noise ExposurePre-existing ConditionLast Injurious Injury RuleTennessee Workers' Compensation Reform Act of 2013Permanent Partial DisabilityMedical ImpairmentCausationEmployer LiabilityMachinist
References
5
Case No. MISSING
Regular Panel Decision

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. 2016-03-0450
Regular Panel Decision
Aug 12, 2016

Mullins, Johnny v. Consolidated Nuclear Security, LLC

Johnny Mullins, an employee, sought medical benefits for work-related bilateral hearing loss, alleging exposure to loud noise and organic solvents. The employer, Consolidated Nuclear Security, LLC, and its carrier, AIG Insurance Company, did not object to a file review for the Expedited Hearing. The Court determined that Mr. Mullins presented sufficient evidence to likely prevail on his claim for medical benefits. The Court granted his request, ordering the employer and carrier to authorize an appointment with Dr. Schultz as the treating physician for the March 24, 2016 hearing loss claim. An Initial Scheduling Hearing is set for October 26, 2016.

Workers' CompensationMedical BenefitsHearing LossOccupational ExposureExpedited HearingPhysician SelectionCumulative TraumaTennessee LawMedical Treatment AuthorizationEmployer Responsibility
References
3
Case No. 2017-03-0579
Regular Panel Decision
Dec 19, 2017

Mongar, Darrell v. Campbell County Government

Darrell Mongar, a former deputy sheriff for Campbell County, filed a Request for Expedited Hearing seeking medical benefits for bilateral hearing loss and tinnitus, which he attributed to his eighteen-year employment due to noise exposure from gunfire and sirens. The Court, presided over by Judge Pamela B. Johnson, reviewed written materials as no evidentiary hearing was requested. Mr. Mongar presented medical evidence from Dr. C.M. Salekin and Dr. Brynae Miley, who both diagnosed significant occupational hearing loss and tinnitus, stating his employment primarily advanced a pre-existing condition. Campbell County offered no contradictory medical evidence. Consequently, the Court granted Mr. Mongar's request, ordering Campbell County to provide a panel of physicians for his medical benefits.

Workers' CompensationHearing LossTinnitusOccupational DiseasePre-existing ConditionMedical BenefitsExpedited HearingDeputy SheriffNoise ExposureCausation
References
3
Case No. MISSING
Regular Panel Decision
Jun 12, 2000

Claim of Lash v. General Motors Corp.

Claimant, an electrician, developed occupational hearing loss after working for General Motors Corporation and then American Axle. A claim was filed, leading to a Workers’ Compensation Board decision to apportion the award between the two employers. General Motors appealed, arguing American Axle failed to provide statutory notice for apportionment. The court affirmed the Board's decision, ruling that General Motors' actual knowledge of the claimant's preexisting hearing loss was equivalent to the required statutory notice under Workers’ Compensation Law § 49-ee, thereby permitting the apportionment of the claim.

Occupational Hearing LossWorkers' CompensationApportionmentActual KnowledgeStatutory NoticeLast Employer LiabilityNew York LawEmployer ResponsibilityPreexisting ConditionHearing Test
References
2
Case No. MISSING
Regular Panel Decision

Claim of Bryce v. Shipyard

A claimant for the employer suffered occupational binaural hearing loss over 48 years of employment, initially estimated at 40%. A federal claim under the Longshoremen’s and Harbor Workers’ Compensation Act was rejected on procedural grounds in 1950. After retirement in 1958, a state claim was filed, leading to a Workmen’s Compensation Board finding of 47% hearing loss. The employer and its carrier appealed, arguing prior disability and federal pre-emption. The Appellate Division affirmed the board's decision, applying the "twilight zone" rule and stating that the prior federal claim's procedural rejection did not preclude state jurisdiction.

Occupational Hearing LossWorkers' CompensationLongshoremen's ActJurisdictionTwilight Zone RuleFederal PreemptionSchedule AwardTimelinessNotice RequirementsAppellate Review
References
4
Case No. 2017-03-0570
Regular Panel Decision
Nov 27, 2017

Shirley, Francis c. Consolidated Nuclear Security, LLC

Francis Shirley, a former maintenance mechanic for Consolidated Nuclear Security, LLC (CNS), filed a claim for noise-induced occupational hearing loss. The central legal issues were whether Mr. Shirley demonstrated his hearing loss was predominantly caused by his work and if he provided timely notice and filed his petition within the one-year statute of limitations. The Court found in favor of Mr. Shirley, determining his hearing loss arose primarily out of his employment and that he provided timely notice and filed his claim within the statute of limitations. He was awarded permanent partial disability benefits based on a one-percent whole person impairment and future medical benefits. The Court denied his attorney's request for fees on future medical benefits due to their speculative nature, awarding fees only on the monetary disability award.

Hearing LossOccupational InjuryPermanent Partial DisabilityStatute of LimitationsTimely NoticeMedical ImpairmentCumulative TraumaAttorney FeesFuture Medical BenefitsNoise Exposure
References
7
Case No. 2015-07-0445
Regular Panel Decision
Nov 22, 2017

Coleman, Jerry v. Armstrong Hardwood Flooring

Jerry Coleman, an employee of Armstrong Hardwood Flooring, filed a claim for hearing loss attributed to workplace noise exposure. The Court of Workers’ Compensation Claims at Jackson determined that Mr. Coleman established a compensable sensorineural hearing loss. Based on Dr. Christopher Hall's medical opinion, the court awarded permanent partial disability benefits equaling 14% to the body as a whole, specifically linking this percentage to noise exposure. Mr. Coleman was also granted future medical benefits, with Dr. Hall as the authorized treating physician, but his request for increased benefits was denied due to voluntary retirement.

Hearing LossNoise ExposurePermanent Partial DisabilityWorkers' CompensationMedical Impairment RatingSensorineural Hearing LossConductive Hearing LossApportionmentMedical EvidenceVocational Factors
References
6
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