Narrative Opinion Summary
In this case, an employee who worked as a pipe fitter from July 1989 to June 1990 claimed occupational hearing loss due to workplace noise exposure. The trial court initially awarded him permanent partial disability benefits, calculating an 11.2% binaural hearing loss. The employer contested this award, arguing that the employee had a pre-existing hearing condition and advocated for apportionment of the hearing loss liability. The employer cited a legal precedent, while the employee relied on Oklahoma statute 85 O.S. 1991, § 11(4), which places the burden of occupational disease claims on the last employer. The court, however, noted that under § 22(7), employers are not liable for pre-existing disabilities unless the employment exacerbates the condition. The court found the employee failed to meet his burden of proof regarding the extent of his pre-existing hearing loss, resulting in insufficient evidence to support the awarded benefits. Consequently, the court vacated the initial award and remanded the case for further proceedings to assess the extent of the claimant's pre-existing condition. The decision also upheld the trial court's rejection of the employer's proposed apportionment formula, which lacked scientific or legal validation.
Legal Issues Addressed
Apportionment of Responsibility for Hearing Losssubscribe to see similar legal issues
Application: The court rejected the employer's apportionment formula for hearing loss, as it was based on an arbitrary calculation not supported by scientific criteria or legal standards.
Reasoning: The trial court's decision to reject an apportionment formula proposed by Lummus's medical expert—based on an arbitrary calculation not supported by scientific criteria or legal standards—was deemed appropriate.
Burden of Proof in Occupational Disease Claimssubscribe to see similar legal issues
Application: The claimant must provide evidence of the nature and extent of any pre-existing condition to support an award for permanent partial disability benefits.
Reasoning: The claimant, Vancourt, bore the burden of proof regarding his hearing loss and any associated permanent disability prior to his employment with Lummus.
Employer Liability for Pre-existing Disabilitiessubscribe to see similar legal issues
Application: Employers are not liable for pre-existing disabilities unless the injury exacerbates the prior condition, per Oklahoma statute § 22(7).
Reasoning: The court noted that under § 22(7), employers aren't liable for pre-existing disabilities unless the injury exacerbates the prior condition.