Melvin Hill v. Whirlpool Corporation et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tenn.Sup.Ct. R. 51. The employee filed a complaint in the ChanceryCourt forCoffee Countyseeking workers’compensation benefits forhis lossofhearing. Following a bench trial, the trial court concluded that the employee’s hearing loss was caused by his exposure to noise at the workplace. Accordingly, the trial court awarded the employee $68,759.73 in permanent partial disability benefits after concluding that the employee had a vocational disability of 78% to his hearing. The court also awarded the employee his reasonable and necessary medical expensesand discretionary costs. The employer raises two issues on this appeal: (1) whether the employee gave timely notice of his alleged injury; and (2) whether the employee failed to prove that his hearing loss was work-related. We hold that the trial court did not err in finding that the employee gave timely notice and that the employee proved his hearing loss was work-related. Accordingly, we affirm the trial court’s judgment.