Opinion

Dombrowski v. Workmen's Compensation Appeal Board

  • 75 Pa. Commw. 190
  • 461 A.2d 648
  • 1983 Pa. Commw. LEXIS 1731
Court
Commonwealth Court of Pennsylvania
Filed
Jun 24, 1983
Status
Published
Author
Blatt
On the bench
Blatt, Craig, Rogers
Cited by
0 cases
Authority
More cited than 9.1%

The opinion

Opinion by

Judge Blatt,

Marla P. Dombrowski (claimant) appeals an order of the Workmen’s Compensation Appeal Board (Board) which affirmed the referee’s denial of specific loss benefits for her alleged complete loss of hearing to her right ear due to a work-related fall.

Section 306(c) and (d) of The Pennsylvania Workmen’s Compensation Act 1

2 provides specific loss benefits for “complete loss of hearing in one ear.” And our Supreme Court has held that complete loss of hearing occurs when the loss is complete for all intents and purposes. Workmen’s Compensation Appeal Board v. Hartlieb, 465 Pa. 249 , 348 A.2d 746 (1975). Here, when asked if the claimant had experienced a complete loss of hearing for all intents and purposes, her own medical expert testified “no, it is a partial loss.” Because this testimony clearly supports the finding that the claimant has not suffered a “complete” loss of hearing,? we will affirm the order of the Board.

Obdeb.

A ktt> Now, this 24th day of June, 1983, the order of the Workmen’s Compensation Appeal Board in the above-captioned matter is hereby affirmed.

Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §513.

Our scope of review here is limited to a determination of whether or not the findings of fact are consistent with each other and with the conclusions of law and can he sustained without a capricious disregard of competent evidence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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