TWCA reviews trial court's apportionment of an award for permanent partial disability benefits

THOMAS E. HALL v. TRW AUTOMOTIVE, U.S., LLC, ET AL. (TWCA February 3, 2010)

In this workers' compensation action, the employee, Thomas Hall, alleged that he sustained hearing loss due to exposure to noise in the workplace. The employer, TRW Automotive U.S., LLC, contended that most of the hearing loss occurred after Mr. Hall began wearing hearing protection, and was therefore not caused by his employment. The trial court awarded 75% permanent partial disability of the hearing of both ears. TRW has appealed, arguing that the trial court erred in that it failed to apportion the award to the body as a whole, selected an incorrect injury date, declined to view a video recording of an evidentiary deposition, and made an excessive award of benefits. We conclude that the award should have been assigned to the body as a whole, and that the trial court selected an incorrect injury date. The judgment is modified accordingly.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/hallt_020310.pdf