Liability for Hearing Loss Claim Falls on Employer of 4 Days

A divided West Virginia Supreme Court this week ruled that the full amount of liability for a hearing loss claim by a worker who spent 33 years operating heavy machinery fell on his last employer, for which he had worked only four days. While the court acknowledged that the outcome was "unfair" to the employer, the majority said its conclusion was dictated by the “miasma” that is the West Virginia comp law. Justice Margaret Workman wrote separately, urging the Legislature "to ameliorate the inequitable results created" by the court's decision in ...