Thursday, March 11, 2010

TWCA reviews finding of work-related cause of employee's hearing loss in worker's compensation case

GEORGE CECIL RESH v. BUILDING MATERIALS CORPORATION d/b/a GAF FIBERGLASS CORPORATION (TWCA March 11, 2010)

In this workers' compensation case, the employee, George Cecil Resh, alleged that he sustained hearing loss due to exposure to a harmful level of noise in his workplace. The employer, Building Materials Corporation, denied that the employee's hearing loss was work-related. The trial court found in favor of the employee and awarded 50% permanent partial disability of the hearing of both ears. The employer has appealed, contending that the evidence preponderates against the trial court's finding. Because we find that the expert medical evidence failed to establish that Mr. Resh's hearing loss was work-related, we agree and reverse the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/reshg_031110.pdf

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