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ARMCO v. WORKMEN'S COMPENSATION APPEAL BOARD (KOLLAR) (05/31/89)

decided: May 31, 1989.

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



PETITION FOR REVIEW

COUNSEL

Raymond F. Keisling, Will, Keisling, Ganassi & McCloskey, Carnegie, for petitioner.

Samuel S. Blaufeld, Pamela M. Schiller, Pittsburgh, for respondent, Edward T. Kollar.

Craig and Barry, JJ., and Blatt, Senior Judge.

Author: Blatt

[ 126 Pa. Commw. Page 289]

Armco, Inc. (petitioner) petitions for our review of the order of the Workmen's Compensation Appeal Board (Board) affirming the referee's decision awarding benefits to Edward T. Kollar (claimant), pursuant to Section 306(c) of

[ 126 Pa. Commw. Page 290]

The Pennsylvania Workmen's Compensation Act (Act).*fn1 We will affirm.

The claimant was employed by the petitioner from September 6, 1944 through November 15, 1985. During his entire period of employment, he was exposed to loud noises, and in 1983, he began to notice that he had a hearing problem. Finally, on August 5, 1986, he was examined by Dr. Stephen M. Froman, who then informed him that he had a work-related hearing loss. He filed a claim petition for workmen's compensation benefits on October 9, 1986, and the petitioner received timely notice of the injury on October 16, 1986.

Dr. Froman testified that, in his opinion, within a reasonable degree of medical certainty, the claimant has suffered the complete loss of use of hearing in both ears, for all practical intents and purposes, caused by his total and cumulative exposure to loud noise during his years of employment with the petitioner. Deposition of Dr. Froman at 14, Reproduced Record (R.R.) at 47a.

Dr. Akbar Matadar, however, testified for the petitioner, that he does not think that the claimant has suffered a complete loss of hearing for all practical intents and purposes. He indicated that he believed that the claimant should be able to adequately use the hearing reserve that he has and that he would be benefited by the use of a hearing aid. Deposition of Dr. Matadar at 11-12, R.R. at 68a--69a.

After receiving the medical evidence and hearing the testimony of the claimant, the referee found that the claimant had completely lost the use of his hearing in both ears for all practical intents and purposes. He therefore awarded compensation. The Board affirmed the referee upon appeal by the petitioner, who now requests that this Court reverse the Board, asserting that the referee erred when he ...


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