Smalley v. American Can Co.
Smalley v. American Can Co.
Opinion of the Court
OPINION
This is an appeal from a decision of the Workers’ Compensation Court of Appeals reversing a compensation judge’s award of permanent partial disability compensation for a noise-induced hearing loss. We reverse and reinstate the decision of the compensation judge.
Since 1964, Herman Smalley (employee) has worked for the American Can Company as a production mechanic, a job which exposed him to hazardous noise on a daily basis. American Can Company supplied its employees with protective hearing devices in the early 1980’s. In the spring of 1985, American Can Company conducted audiom-etric tests and notified the employee that he had a hearing loss. In July, the employee went to “Miracle Ear” and purchased hearing aids. On November 21, 1985, the employee was evaluated for hearing loss by Dr. Gary Garvis, an otolaryngologist. Dr. Garvis stated that the nature of the employee’s hearing deficiency was consistent with loss caused by long-term noise exposure. Using the current workers’ compensation disability schedule, Dr. Gar-vis rated the employee’s binaural hearing loss at 21.88% which, under the whole body rating, measured at 8%.
The questions raised by the parties to this appeal were recently decided in Flint v. American Can Company, 426 N.W.2d 190 (Minn.,1988). In Flint we held that an employee’s noise-induced hearing loss is compensable and that permanent partial disability benefits are payable upon proof of a functional loss of use or permanent impairment. We further held that, assuming the applicable ear disability schedule
Reversed and decision of the compensation judge reinstated.
The employee is awarded $400 on appeal.
. Dr. Garvis determined employee had a 20.63% hearing loss in the right ear, a 28.13% loss in the left ear, with a binaural loss of 21.88%.
. 8 MCAR 1.9004D (1984); Minn. Rules 5223.-0040, subp. 4 (1987).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.