8 A.3d 1004
Pa. Commw. Ct.2010Background
- Claimant Seaman, a City firefighter for 40 years, alleges work-related binaural hearing loss.
- Claimant retired July 8, 2006 and filed a claim petition September 17, 2007.
- Audiograms: Schuman 53.1% impairment; Cooper 47.5% binaural impairment attributed to noise exposure.
- Employer’s IME (Miller) found 62.1% loss but opined it was not work-related.
- WCJ credited Cooper, found a compensable, permanent 47.5% hearing loss and awarded 123.5 weeks of benefits.
- Board affirmed; Employer challenges Dr. Cooper’s testimony as equivocal and argues capricious disregard of Miller; Court affirms
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cooper's opinion was equivocal and insufficient to prove work-related, permanent hearing loss over 10%. | Seaman | City | No; Cooper’s testimony was unambiguous and adequate |
| Whether the Board properly rejected Miller's testimony given its potential equivocality. | Seaman | City | No; ruling supported by substantial evidence and Coopers’ testimony controls |
Key Cases Cited
- Maguire v. Workers' Compensation Appeal Board (Chamberlain Manufacturing Co., Inc.), 821 A.2d 178 (Pa.Cmwlth.2003) (addressed timing and causation of post-retirement hearing loss; held Maguire not controlling where claimant shows work-related permanent loss)
- Lewis v. Workmen's Compensation Appeal Board (Pittsburgh Board of Education), 508 Pa. 360 (Pa.1985) (testimony must be unequivocal to establish causation; prove it more than possible)
- Hayduk v. Workers' Compensation Appeal Board (Bemis Co., Inc.), 906 A.2d 622 (Pa. Cmwlth.2006) (medical evidence must establish causation with professional certainty)
- Tri-Union Express v. Workers' Compensation Appeal Board (Hickle), 703 A.2d 558 (Pa.Cmwlth.1997) (scope of review for substantial evidence and constitutional claims)