General Electric Company v. WCAB (Bower)

In General Electric Company v. Workers' Compensation Appeal Board (Bower), 734 A.2d 492 (Pa. Cmwlth. 1999), the employer attempted to prove as an affirmative defense that the claimant was not exposed to noise levels in excess of 90 dB by presenting Claimant's personal noise exposure test showing that, for one day, Claimant was exposed to only 86 dB of noise. The Court held that the employer failed to prove the affirmative defense because the employer tested the claimant's exposure for only one day and because Employer's witness did not testify that the exposure was typical and would be the same on any other day. Id. at 496.