Claim of Korys v. J. H. Williams & Co.
Opinion of the Court
Appeal from a decision and award of the Workmen’s Compensation Board. For many years claimant was exposed in the employer’s plant to harmful high-level noise; and in the course of his employment suffered a loss of hearing. On March 27, 1958 he left the employment; and a series of audio-metric tests disclosed that on October 6, 1958 he suffered a 27% and 28% permanent loss of hearing in the left and right ears respectively. There is medical proof that this disablement was due to the employment and existed at the time claimant left the employment on March 27, 1958. A series of tests was necessary after exposure to noise terminated, to determine the extent of the hearing loss. Thus the record based on the subsequent tests and the opinion of medical witnesses clearly demonstrates that the occupational disease was disabling when claimant left employment on March 27; and this was the date of disablement found by the board. Appellants argue that “the date of disablement is October 6, 1958 when the loss of hearing became permanent”. It is obvious
Case-law data current through December 31, 2025. Source: CourtListener bulk data.