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Patterson v. Workers' Compensation Appeal Board2/8/2002
Submitted: December 21, 2001
OPINION NOT REPORTED
Guy Patterson (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which modified the decision of the Workers' Compensation Judge (WCJ) changing Claimant's binaural hearing impairment at the time of his retirement to 30.3% pursuant to a June 9, 1997 audiogram. We reverse.
On January 11, 1999, Claimant filed a claim petition alleging that as of March 30, 1998 he sustained hearing loss from exposure to hazardous occupational noise during the course and scope of his employment with USX Corporation/Clairton Works (Employer). Employer denied the allegations.
Claimant was employed by Employer from 1966 through August 29, 1997 in various positions and finally, for the last seven years, in the car shop. Claimant testified on his own behalf that while in the car shop he was exposed to noise from overhead cranes, air arc torches, impact guns and train whistles.
Claimant also presented the deposition testimony of Dr. Stephen M. Froman, M.D. (Dr. Froman), board certified in otolaryngology. Dr. Froman examined Claimant on March 30, 1998. Dr. Froman performed audiologic testing on Claimant that was within the guidelines set by OSHA. As a result of this testing, Dr. Froman opined that Claimant suffers a binaural hearing impairment of 38.125%. Dr. Froman further opined that Claimant's hearing loss was the result of his employment with Employer.
Employer presented the deposition testimony of Dr. Douglas Chen (Dr. Chen), board certified in otolaryngology. Dr. Chen examined Claimant on May 13, 1999 and performed audiologic testing within OSHA guidelines. Dr. Chen opined that Claimant suffers a binaural hearing impairment of 59.7%. Dr. Chen also stated that he reviewed audiometric testing performed at Claimant's workplace on June 9, 1997, prior to Claimant's retirement, that revealed a hearing impairment of 30.3%. After which, Dr. Chen concluded that only 30.3% of Claimant's hearing impairment could be related to the Claimant's noise exposure with Employer.
The WCJ found:
8. This Workers' Compensation Judge finds, based on the record taken as a whole, that the claimant did suffer a binaural hearing loss as a result of his exposure to hazardous noise in the course of the claimant's employment with the defendant employer. Both Dr. Froman and Dr. Chen found that the claimant had suffered a binaural hearing loss. Dr. Froman and Dr. Chen disagreed as to how much of the claimant's hearing loss was due to the claimant's exposure to occupational noise.
9. This Workers' Compensation Judge finds that the claimant sustained a binaural hearing loss of 38.125%. Dr. Froman, whom this Workers' Compensation Judge finds to be credible, attributed the binaural hearing loss of 38.125% noted in the March 30, 1998, audiogram, to the claimant's exposure to loud noise incurred by the claimant in the course of the claimant's employment with the defendant employer....
10. This Workers' Compensation Judge finds Dr, Chen's testimony that the increase in the claimant's binaural hearing loss after Dr. Froman's examination was not related to the claimant's occupational noise exposure with the defendant employer credible....
11. This Workers' Compensation Judge does not find that the level of the claimant's hearing loss before the claimant was examined by Dr. Froman on March 30, 1998, was established. Dr. Chen referred to a hearing test performed on June 9, 1997, which was interpreted by Dr. Chen as showing a binaural hearing loss of 30.3%. However, no evidence was produced to establish that the June 9, 1997, audiogram comp
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