Maguire v. WCAB (Chamberlain Manufacturing Co., Inc.)

In Maguire v. Workers' Compensation Appeal Board (Chamberlain Manufacturing Co., Inc.), 821 A.2d 178 (Pa. Cmwlth. 2003), the claimant had worked for thirty-four years as an artillery shell quality-control inspector before retiring on October 30, 1998. Prior to his retirement, his hearing had been tested on several occasions by his employer. The last examination occurred in July 1998, and showed a binaural hearing loss of four percent. The claimant filed a claim petition alleging a work-related hearing loss. At the hearing before the WCJ, he presented expert medical testimony that his hearing loss as of April 1999 was 15.625 percent. The employer presented expert medical testimony that the claimant's hearing loss was not work-related and that hearing loss due to noise exposure does not increase over time. Thus, if the claimant's hearing loss was caused by noise exposure, it should not have continued to worsen following his retirement. The WCJ rejected the claimant's theory that his hearing loss continued to increase following his retirement and credited the testimony of the employer's medical expert. On appeal, this Court affirmed, concluding that the WCJ's findings were supported by substantial evidence. In doing so, the Court explained that "we need not decide whether the Act requires, in every case, that a claimant show a hearing loss of more than 10% on or before the claimant's last day of work." Id. at 181.