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Supreme Court Finds Worker Timely Filed Claim for Hearing Loss

Friday, June 16, 2023 | 0

The West Virginia Supreme Court ruled that a worker timely filed his hearing loss claim within three years of being informed the hearing loss was the result of noise exposure. Case: Blue Creek Mining LLC v. Lambert, No. 21-0762, 06/13/2023, published. Facts: Richard Lambert worked as a hoisting engineer in the coal mining industry. He completed an application for hearing loss benefits on March 12, 2020, in which he stated that he worked for Kanawha Eagle and Blackhawk Mines from 1999 to 2016 with a date of last exposure of May 31, 2016. Procedural history: The Office of Judges deemed L...

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