Workers' Compensation - Hearing Loss Claims

Summary of Pennsylvania Decisions

City of Philadelphia v. Workers' Compensation Appeal Board (Seaman), No. 2564 C.D. 2009 (Pa.Cmwlth., November 5, 2010)

Holding: In order to establish a right to benefits for a work-related hearing loss under Section 306(c)(8) of the Workers' Compensation Act, 77 P.S. § 513(8) ,a claimant must show that he or she has permanent hearing loss greater than 10 percent; that the hearing loss is work-related; and, that the application for compensation was filed within three years of retirement. The Act does not require a claimant to produce evidence that his hearing loss was greater than 10 percent at the time of retirement.