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MARLA P. DOMBROWSKI v. WORKMEN'S COMPENSATION APPEAL BOARD (WEIS MARKETS (06/24/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 24, 1983.

MARLA P. DOMBROWSKI, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (WEIS MARKETS, INC.), RESPONDENTS

Appeal from the Order of the Workmen's Compensation Appeal Board in case of Marla T. Dombrowski v. Weis Markets, Inc., No. A-79267.

COUNSEL

Benjamin Novak, for appellant.

Joseph P. Hafer, with him Thomas T. Niesen, for respondent, Weis Markets, Inc.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

Marla P. Dombrowski (claimant) appeals an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's denial of specific loss benefits for her alleged complete loss of hearing to her right ear due to a work-related fall.

Section 306(c) and (d) of The Pennsylvania Workmen's Compensation Act*fn1 provides specific loss benefits for "complete loss of hearing in one ear." And our Supreme Court has held that complete loss of hearing occurs when the loss is complete for all intents and purposes. Workmen's Compensation Appeal Board v. Hartlieb, 465 Pa. 249, 348 A.2d 746 (1975). Here, when asked if the claimant had experienced a complete loss of hearing for all intents and purposes, her own medical expert testified "no, it is a partial loss." Because this testimony clearly supports the finding that the claimant has not suffered a "complete" loss of hearing,*fn2 we will affirm the order of the Board.

Order

And Now, this 24th day of June, 1983, the order of the Workmen's Compensation Appeal Board in the above-captioned matter is hereby affirmed.

Disposition

Affirmed.


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