Wednesday, August 27, 2003

Look Back Period For Long Term Exposure to Occupational Noise is Three Years From the Earlier of the Last Date of Exposure or the Date of Filing

CBS/Westinghouse et al. v. WCAB (Fontana) is a hearing loss claim. The Employer argued that where the Claimant did not work from March 14, 1994 to February 10, 1996, returned to work until February 28, 1996 and retired, then filed his Claim Petition on February 23, 1999, the three year statute of limitations barred the claim for hearing loss. The Commonwealth Court pointed out that the date of injury is the earlier of the date of filing or the last date of exposure, so the three year look back extends to February 28, 1993 and the Claimant's employment between February 28, 1993 and March 13, 1994 gave him long-term exposure to hazardous occupational noise.

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