Court Overturns Board's Assessment of Worker's Hearing Loss

A New York appellate court ruled that the record evidence did not support the conclusion of the Workers’ Compensation Board as to the extent of a former train inspector’s occupational hearing loss. Case: Matter of Mogilevsky v. New York City Transit Authority, No. 533323, 02/17/2022, published. Facts: Mark Mogilevsky worked for the New York City Transit Authority as a train inspector for 20 years. After he retired, he filed a claim for workers' compensation benefits, alleging that he sustained occupational hearing loss due to prolonged and repeated exposure to loud noise whil...