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Split Supreme Court Upholds Apportionment of Worker's Hearing Loss

Wednesday, February 23, 2022 | 0

A divided West Virginia Supreme Court upheld the apportionment of a worker’s hearing loss between occupational and non-occupational causes. Case: Bosley v. Murray American Energy Inc., No. 20-0682, 02/01/2022, published. Facts: Jeffrey Bosley developed hearing loss working as a coal prep plant operator for Murray American Energy Inc. An audiogram in January 2019 indicated Bosley had 24.27% occupationally induced hearing loss. A doctor in March 2019 said Bosley was exposed to heavy equipment daily in the course of his employment until he retired in October 2018. Bosley reported that h...

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