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UNIVERSAL CYCLOPS CORPORATION v. WORKMEN'S COMPENSATION APPEAL BOARD (CHERRY) (05/21/86)

decided: May 21, 1986.

UNIVERSAL CYCLOPS CORPORATION, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (CHERRY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Walter Cherry v. Universal Cyclops Corp., No. A-85297.

COUNSEL

Neal R. Brendel, with him, Kenneth L. Salmon, Kirkpatrick & Lockhart, for petitioner.

Alexander J. Pentecost, with him, Amiel B. Caramanna, Jr., for respondents.

Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 97 Pa. Commw. Page 400]

Universal Cyclops Corporation (Employer) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's grant of benefits to Claimant Walter Cherry. We affirm.

The referee made the following pertinent findings of fact:

The claimant began working for the defendant employer on November 1, [1940] and has continued in their employ until the present time except for a period in the military service. From 1946 to 1965 he was a bar straightener. From 1965 to 1973 he drew wire. Since 1973 he has been and is a die maker.

During his whole period of employment with the defendant the claimant was exposed to the hazard of noise.

Notice of injury was given this employer on July 3, 1981.

Dr. Bell testified for the claimant.

He examined the claimant on June 12, 1981.

His opinion was that the claimant had lost the use of hearing in both ears for all practical intents and purposes and that this was due to noise ...


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