 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Keystone Coal Mining Corp. v. Workers' Compensation Appeal Board8/1/2000
s decision based in part on Claimant's and Mr. Radakovich's testimony reveals that he found the noise exposure in conjunction with the lamp man position not to be hazardous. Furthermore, after reviewing Dr. Rogerson's testimony, we conclude that the Board misconstrued the doctor's testimony and the WCJ's findings based on that testimony. Thus, we conclude that the WCJ's findings of fact are supported by substantial evidence and are not contradictory. The Board erred in so ruling.
Consequently, we hold that the WCJ correctly found that Claimant's exposure to hazardous occupational noise ended on September 8, 1987, and his petition filed in July of 1996 was time barred pursuant to the statute of limitations provision set out in Section 306(c)(8)(viii) of the Act. Accordingly, we reverse the Board's order and reinstate the WCJ's decision.
SAMUEL L. RODGERS, Senior Judge
ORDER
NOW, August 1, 2000 , the order of the of the Workers' Compensation Appeal Board, at No. A98-2913, dated January 18, 2000, is reversed.
SAMUEL L. RODGERS, Senior Judge
Page 1 2 3 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|