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Deepwell Energy Services v. Claude Workman
Citation: Not availableDocket: 17-1120
Court: West Virginia Supreme Court; May 7, 2018; West Virginia; State Supreme Court
Original Court Document: View Document
Petitioner Deepwell Energy Services appeals the West Virginia Workers’ Compensation Board of Review’s decision affirming Claude Workman’s claim for compensable occupational hearing loss. The claim was initially denied on December 9, 2015, by the claims administrator, which argued that Workman was not exposed to sufficient noise levels to cause hearing loss. Workman, a truck driver with over forty years of experience in an industrial environment, submitted medical evidence, including a report and a physician’s evaluation from Dr. Charles Haislip, an otolaryngologist. Dr. Haislip testified that occupational noise-induced hearing loss can occur with prolonged exposure to noise above ninety decibels, and that Workman’s audiogram was consistent with such hearing loss. On June 23, 2017, the Office of Judges reversed the claims administrator's denial, ruling the claim compensable due to evidence of Workman's exposure to harmful noise levels and Dr. Haislip’s expert opinion affirming that Workman sustained occupational hearing loss. The Board of Review subsequently upheld this decision on November 17, 2017. After reviewing the case, the Supreme Court of Appeals found no substantial questions of law or prejudicial errors in the earlier decisions. The Court agreed with the Office of Judges' reasoning and the findings of the Board of Review, concluding that the evidence supported Workman’s claim. The decision of the Board of Review was thus affirmed.