Aerostructures Corporation and Zurich American Insurance Company v. David Rader

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee, David Rader, sustained a permanent hearing loss, which he alleged was caused by his work. The only doctor to testify completed a C-32 which stated that the hearing loss was more probably than not related to Mr. Rader’s work, but had no specific knowledge of noise levels at Mr. Rader’s workplace other than Mr. Rader’s subjective statements. The trial court ruled that Mr. Rader failed  to sustain his burden of proof, and entered judgment for the employer, Aerostructures Corporation.  Mr. Rader has appealed. We reverse the judgment of the trial court, and award 15% permanent partial disability to his binaural hearing.