compensable hearing in Pennsylvania

21 Pennsylvania opinions name it 3 courts 1935–2025 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Boeing Helicopter Co. v. Workmen's Compensation Appeal Boardgreen pacommwct · 1993 · cited in 6 Pennsylvania opinions naming this issue, 1995–2008 2 sentences 2008Indeed, the ‘[m]ere knowledge or suspicion of a significant hearing loss and a possible causal relationship with employment ... is not sufficient evidence of a compensable hearing loss.’ ” Anastasio, 713 A.2d at 120 (quoting Boeing Helicopter, 629 A.2d at 189 ) (emphasis in original). 2000Employer cites Anastasio v. Workmen’s Compensation Appeal Board (NGK Metals Corp.), 713 A.2d 116 (Pa.Cmwlth.1997), a case that discusses the date of injury for statute of limitation purposes prior to the enactment of Act 1, explaining that: A claimant’s belief, without more, that the hearing loss is work-related does not rise to the level necessary to begin the running of the statute of limitations under the Act.[ 9 ] Indeed, the ‘[m]ere knowledge or suspicion of a significant hearing loss and a possible causal relationship with employment ... is not sufficient evidence of a compensable hearin	2	6
Anastasio v. Workmen's Compensation Appeal Board (NGK Metals Corp.)green pacommwct · 1997 · cited in 3 Pennsylvania opinions naming this issue, 2000–2008 2 sentences 2008Indeed, the ‘[m]ere knowledge or suspicion of a significant hearing loss and a possible causal relationship with employment ... is not sufficient evidence of a compensable hearing loss.’ ” Anastasio, 713 A.2d at 120 (quoting Boeing Helicopter, 629 A.2d at 189 ) (emphasis in original). 2001Acknowledging that compliance with the 120-day notice provision is a factual determination to be made by the WCJ, see Anastasio v. WCAB (NGK Metals Corp.), 713 A.2d 116, 119 (Pa.Cmwlth. 1997), appeal denied, 557 Pa. 634 , 732 A.2d 618 (1998), the court invoked the principle, frequently set forth in its decisional law, that a claimant's belief or suspicion that a hearing loss is work-related is alone insufficient to confer knowledge that a compensable hearing loss has occurred.	2	3
Socha v. Workers' Compensation Appeal Boardgreen pacommwct · 1999 · cited in 2 Pennsylvania opinions naming this issue, 2000–2001 2 sentences 2001See Socha, 725 A.2d at 1281 ; see also Anastasio, 713 A.2d at 120 ; Boeing Helicopter v. WCAB (McCanney), 157 Pa.Cmwlth. 76, 85 , 629 A.2d 184, 189 (1993), appeal dismissed, 539 Pa. 321 , 652 A.2d 796 (1994). 2000See Socha v. Workers’ Compensation Appeal Board (Bell Atlantic PA), 725 A.2d 1276 (Pa.Cmwlth.1999), petition for allowance of appeal granted, 560 Pa. 753 , 747 A.2d 373 (1999). 8 In Socha , we stated as follows: While the above principles were enunciated in connection with hearing loss injuries prior to the enactment of Act 1 of 1995 when a claimant had to suffer a complete hearing loss for all intents and purposes in order to have a compensable claim, we believe the same principles are applicable when a claimant is alleging that he or she has suffered a partial hearing loss.	2	2
Westinghouse Electric Corp. v. Workmen's Compensation Appeal Boardgreen pacommwct · 1994 · cited in 2 Pennsylvania opinions naming this issue, 2000–2001 2 sentences 2001Corp. v. WCAB (Peterson), 164 Pa.Cmwlth. 32 , 641 A.2d 1277 (1994), appeal denied, 540 Pa. 291 625, 657 A.2d 495 (1995), in which the court held that the last day of occupational exposure constitutes the date of injury for purposes of calculating benefits in hearing loss cases, so as to avoid an illogical and unjust result for unemployed or retired claimants who have no earnings when they discover a compensable hearing loss. 2001Corp. v. WCAB (Peterson), 164 Pa.Cmwlth. 32 , 641 A.2d 1277 (1994), appeal denied, 540 Pa. 291 625, 657 A.2d 495 (1995), in which the court held that the last day of occupational exposure constitutes the date of injury for purposes of calculating benefits in hearing loss cases, so as to avoid an illogical and unjust result for unemployed or retired claimants who have no earnings when they discover a compensable hearing loss.	1	2
Brill v. Commonwealthgreen pacommwct · 1975 · cited in 2 Pennsylvania opinions naming this issue, 1978–1994 2 sentences 1994In Brill v. Department of Transportation, 22 Pa.Commonwealth Ct. 202, 348 A.2d 451 (1975), a road widening project resulted in a change of grade in front of the property and in the installation of a medial barrier which blocked direct access to and from eastbound lanes of Route 40176 (Airport Road) and required added travel of about 3 miles for eastbound vehicles. 1978See Brill v. Department of Transportation, 22 Pa. Commonwealth Ct. 202 , 348 A.2d 451 (1975); Nod’s Incorporated, supra; Department of Transportation v. Kastner, 13 Pa. Commonwealth Ct. 525 , 320 A.2d 146 (1974), cert. denied, 419 U.S. 1109 (1975).	1	2
USX Corp. v. Workers' Compensation Appeal Boardgreen pacommwct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000 1 sentence 2000See USX Corp. v. Workers’ Compensation Appeal Board (Rich), 727 A.2d 165 (Pa.Cmwlth.), affirmed, 562 Pa. 205 , 754 A.2d 666 (2000).	1	1
LTV Steel Co. v. Workers' Compensation Appeal Boardgreen pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000 2 sentences 2000See USX Corp. v. Workers’ Compensation Appeal Board (Rich), 727 A.2d 165 (Pa.Cmwlth.), affirmed, 562 Pa. 205 , 754 A.2d 666 (2000). 2000See USX Corp. v. Workers’ Compensation Appeal Board (Rich), 727 A.2d 165 (Pa.Cmwlth.), affirmed, 562 Pa. 205 , 754 A.2d 666 (2000).	1	1
Commerce Land Corp. v. Commonwealthgreen pacommwct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994 1 sentence 1994Our court concluded that the inconvenience was not so unreasonable as to constitute a de facto taking, noting that “a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under section 612 of the Code....” Id. at 359, 383 A.2d at 1290-91 (emphasis in original).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Boeing Helicopter Co. v. WCAB green pa · 1994 2 sentences 2000Employer cites Anastasio v. Workmen’s Compensation Appeal Board (NGK Metals Corp.), 713 A.2d 116 (Pa.Cmwlth.1997), a case that discusses the date of injury for statute of limitation purposes prior to the enactment of Act 1, explaining that: A claimant’s belief, without more, that the hearing loss is work-related does not rise to the level necessary to begin the running of the statute of limitations under the Act.[ 9 ] Indeed, the ‘[m]ere knowledge or suspicion of a significant hearing loss and a possible causal relationship with employment ... is not sufficient evidence of a compensable hearin 2000Employer cites Anastasio v. Workmen’s Compensation Appeal Board (NGK Metals Corp.), 713 A.2d 116 (Pa.Cmwlth.1997), a case that discusses the date of injury for statute of limitation purposes prior to the enactment of Act 1, explaining that: A claimant’s belief, without more, that the hearing loss is work-related does not rise to the level necessary to begin the running of the statute of limitations under the Act.[ 9 ] Indeed, the ‘[m]ere knowledge or suspicion of a significant hearing loss and a possible causal relationship with employment ... is not sufficient evidence of a compensable hearin	2	2000–2001
Pare v. WCAB (FS JAMES & CO., INC.) green pacommwct · 1986 2 sentences 1996Nevertheless, the Board concluded that it was constrained to follow Pare v. Workmen’s Compensation Appeal Bd. (Fred S. James & Co.), 97 Pa. Commw. 435 , 509 A.2d 1361 (1986), alloc, denied, 514 Pa. 622 , 521 A.2d 935 (1987), which held that the testimony of an audiologist, standing alone, is insufficient to establish a compensable hearing loss. 1996Nevertheless, the Board concluded that it was constrained to follow Pare v. Workmen’s Compensation Appeal Bd. (Fred S. James & Co.), 97 Pa. Commw. 435 , 509 A.2d 1361 (1986), alloc, denied, 514 Pa. 622 , 521 A.2d 935 (1987), which held that the testimony of an audiologist, standing alone, is insufficient to establish a compensable hearing loss.	2	1995–1996
C. Hannah & Sons Construction v. Workers' Compensation Appeal Board green pacommwct · 2001 1 sentence 2025Therefore, the onus was on Claimant to establish that [Employer] had actual knowledge of a compensable injury under the Act.” Id.	1	2025–2025
In re De Facto Condemnation ex rel. Commonwealth, Department of Transportation green pacommwct · 1994 1 sentence 2012The Court reaffirmed the well-settled principal that “a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under the [Eminent Domain Code].” Schaeffer, 644 A.2d at 1275 .	1	2012–2012
Lynch v. Workmen's Compensation Appeal Board green pa · 1996 2 sentences 2003To support his contention, Claimant relies on Lynch v. Workmen’s Compensation Appeal Board (Teledyne Vasco), 545 Pa. 119 , 680 A.2d 847 (1996), in which the Supreme Court of Pennsylvania held that the testimony and reports of the audiologist, who is not a medical doctor, could not be considered competent medical testimony supporting a compensable hearing loss. 2003To support his contention, Claimant relies on Lynch v. Workmen’s Compensation Appeal Board (Teledyne Vasco), 545 Pa. 119 , 680 A.2d 847 (1996), in which the Supreme Court of Pennsylvania held that the testimony and reports of the audiologist, who is not a medical doctor, could not be considered competent medical testimony supporting a compensable hearing loss.	1	2003–2003
Socha v. Workers' Compensation Appeal Board green pa · 2001 1 sentence 2002Id.	1	2002–2002
General Electric Co. v. Workers' Compensation Appeal Board green pacommwct · 1999 1 sentence 1999General Electric Co. v. Workers’ Compensation Appeal Board (Bower), 734 A.2d 492 (Pa.Cmwlth.1999).	1	1999–1999
Russell v. Workmen's Compensation Appeal Board green pacommwct · 1994 1 sentence 1995Russell v. Workmen’s Compensation Appeal Board (Cooper Bessemer), 162 Pa.Commonwealth Ct. 97, 638 A.2d 373 (1994), petition for allowance of appeal granted, 540 Pa. 588 , 655 A.2d 519 (1995).	1	1995–1995
Sun Oil Co. v. Workmen's Compensation Appeal Board green pacommwct · 1991 1 sentence 1993Sun Oil Co. v. Workmen’s Compensation Appeal Board (Davis), 144 Pa.Commonwealth Ct. 51, 600 A.2d 684 (1991).	1	1993–1993
Cyclops Corp. v. Workmen's Compensation Appeal Board green pacommwct · 1988 1 sentence 1993Cyclops Corp. v. Workmen’s Compensation Appeal Board (Sray), 116 Pa.Commonwealth Ct. 421, 541 A.2d 851 (1988).	1	1993–1993
Hession Condemnation Case green pa · 1968 2 sentences 1978We have dealt with several cases concerning the restriction of access occasioned by road improvements and have consistently followed the pronouncements, of our Supreme Court in Wolf v. Department of Highways, 422 Pa. 34 , 220 A.2d 868 (1966), and in Hession Condemnation Case, 430 Pa. 273 , 242 A.2d 432 (1968), holding that a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under Section 612 of the Code, 26 P.S. §1-612. 1978We have dealt with several cases concerning the restriction of access occasioned by road improvements and have consistently followed the pronouncements, of our Supreme Court in Wolf v. Department of Highways, 422 Pa. 34 , 220 A.2d 868 (1966), and in Hession Condemnation Case, 430 Pa. 273 , 242 A.2d 432 (1968), holding that a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under Section 612 of the Code, 26 P.S. §1-612.	1	1978–1978
Commonwealth v. Kastner green pacommwct · 1974 2 sentences 1978See Brill v. Department of Transportation, 22 Pa. Commonwealth Ct. 202 , 348 A.2d 451 (1975); Nod’s Incorporated, supra; Department of Transportation v. Kastner, 13 Pa. Commonwealth Ct. 525 , 320 A.2d 146 (1974), cert. denied, 419 U.S. 1109 (1975). 1978See Brill v. Department of Transportation, 22 Pa. Commonwealth Ct. 202 , 348 A.2d 451 (1975); Nod’s Incorporated, supra; Department of Transportation v. Kastner, 13 Pa. Commonwealth Ct. 525 , 320 A.2d 146 (1974), cert. denied, 419 U.S. 1109 (1975).	1	1978–1978
Wolf v. Department of Highways green pa · 1966 2 sentences 1978We have dealt with several cases concerning the restriction of access occasioned by road improvements and have consistently followed the pronouncements, of our Supreme Court in Wolf v. Department of Highways, 422 Pa. 34 , 220 A.2d 868 (1966), and in Hession Condemnation Case, 430 Pa. 273 , 242 A.2d 432 (1968), holding that a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under Section 612 of the Code, 26 P.S. §1-612. 1978We have dealt with several cases concerning the restriction of access occasioned by road improvements and have consistently followed the pronouncements, of our Supreme Court in Wolf v. Department of Highways, 422 Pa. 34 , 220 A.2d 868 (1966), and in Hession Condemnation Case, 430 Pa. 273 , 242 A.2d 432 (1968), holding that a reasonable restriction to an abutting property owner’s right to access does not give rise to a compensable claim under Section 612 of the Code, 26 P.S. §1-612.	1	1978–1978
Estep v. Janler Plastic Mold Corp. green scotus · 1975 1 sentence 1978See Brill v. Department of Transportation, 22 Pa. Commonwealth Ct. 202 , 348 A.2d 451 (1975); Nod’s Incorporated, supra; Department of Transportation v. Kastner, 13 Pa. Commonwealth Ct. 525 , 320 A.2d 146 (1974), cert. denied, 419 U.S. 1109 (1975).	1	1978–1978
Moffett v. Harbison-Walker Refractories Co. green pa · 1940 2 sentences 1945In January 1939, he brought an action in trespass against his employer in which a compulsory non-suit was entered against him, on the authority of Moffett v. Harbison-Walker Co., 339 Pa. 112 , 14 A. 2d 111 . 1945In January 1939, he brought an action in trespass against his employer in which a compulsory non-suit was entered against him, on the authority of Moffett v. Harbison-Walker Co., 339 Pa. 112 , 14 A. 2d 111 .	1	1945–1945
Hillen v. Industrial Accident Commission green cal · 1926 1 sentence 1935In the case of Hillen v. Industrial Accident Commission, 250 Pac. 570 , it was held by this court that the essential test by which to determine whether in doubtful cases the relation between a workman and those for whom he was rendering service was that of an employee or an independent contractor, was not so much dependent upon whether he received wages or whether he was to devote all or a portion of his time to the performance of his specified service, but was rather dependent upon the extent of control or right of control which the so-called employer was to exercise over its so-called employ	1	1935–1935

Where else courts name it

AZ 41 (1958–2025) OR 24 (1974–2022) LA 23 (1978–2025) NC 21 (1964–2016) PA 21 (1935–2025) MD 17 (1987–2024) CA 13 (1931–2024) OH 10 (1993–2022) NM 10 (1983–2020) VA 9 (1985–2020) NJ 7 (1953–2017) FL 7 (1953–2012) KY 7 (1968–2024) WY 6 (1993–2009) IL 6 (2003–2017) WV 5 (1982–2001) MO 5 (1935–2012) TX 5 (1987–2023) TN 5 (1995–2023) GA 4 (1992–2019) NE 4 (1942–2006) KS 4 (1994–2020) AK 3 (1981–2000) CO 3 (1957–1970) MS 3 (2014–2016) OK 3 (1995–2012) IA 3 (1996–2022) DC 3 (1989–2009) SD 2 (2006–2006) NY 2 (1961–2005) MA 2 (1979–2012) ID 2 (1965–2010) IN 2 (1993–2011) MN 2 (2014–2019) ME 2 (1924–1972) UT 2 (2022–2026) CT 2 (2016–2020) HI 2 (2002–2008) WI 2 (1989–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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