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ARMCO v. WORKMEN'S COMPENSATION APPEAL BOARD (ROBBINS) (05/06/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 6, 1986.

ARMCO, INC., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (ROBBINS), RESPONDENTS

Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Harry F. Robbins v. Armco, Inc., No. A-87875.

COUNSEL

John J. Petrush, for petitioner.

Samuel S. Blaufeld, with him, Pamela M. Schiller, for respondent, Harry F. Robbins.

President Judge Crumlish, Jr., Judges Rogers and Barry, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 97 Pa. Commw. Page 50]

In the case of Babcock & Wilcox v. Workmen's Appeal Board (Marshall), 97 Pa. Commonwealth Ct. 46, 508 A.2d 1303 (1986), decided this day, we vacated an order of the Appeal Board affirming an award of compensation for loss of hearing claimed by the worker under Section 306(c)(8) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 513. Here, as in that case, the compensation authorities improperly applied a test described in some of our cases to the effect that a claimant may establish a loss of hearing by demonstrating that he cannot use his ears in the manner nature intended. We disapproved that test.

For the reasons given in our opinion in Babcock & Wilcox v. Workmen's Compensation Appeal Board (Marshall), and not necessary to repeat, we are constrained to vacate the order of the Appeal Board and remand to the Appeal Board for further disposition of the matter according to the true test for complete loss of hearing described herein.

[ 97 Pa. Commw. Page 51]

Order

And Now, this 6th day of May, 1986, the order of the Workmen's Compensation Appeal Board in the above-captioned matter is vacated and the record is remanded for further disposition of the matter according to the true test for loss of hearing described herein.

Disposition

Vacated and remanded.

19860506

© 1998 VersusLaw Inc.



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