Bethlehem Steel Corporation v. Workers' Compensation Appeal Board

Board correctly affirmed WJC's determinations regarding causation and percentage of claimant's hearing loss, because WJC was free to accept or reject the testimony of witnesses for both sides, but Board erred as to the commencement date of interest owed by employer.

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Submitted: January 19, 2001

Bethlehem Steel Corporation (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) affirming the decision of the Workers’ Compensation Judge (WCJ) granting Raymond Graaf (Claimant) workers’ compensation benefits for binaural hearing loss.

The facts establish that Claimant was employed by Employer from March 19, 1973 until September 9, 1993. From 1973 to 1974, Claimant worked as a laborer in the ingot mold department. After 1974, Claimant worked as a chipper about six and a half hours during every work day. On September 12, 1996, Claimant filed a claim petition alleging that he suffered an occupational hearing loss as a result of long-term exposure to hazardous occupational noise. *fn1 Employer denied the allegations, and the case was assigned to a WCJ.

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Bethlehem Steel Corporation v. Workers' Compensation Appeal Board

Board correctly affirmed WJC's determinations regarding causation and percentage of claimant's hearing loss, because WJC was free to accept or reject the testimony of witnesses for both sides, but Board erred as to the commencement date of interest owed by employer.

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