McIlnay v. Workers' Compensation Appeal Board

OPINION BY

Senior Judge FLAHERTY.

James Mcllnay (Claimant) petitions for review of a decision of the Workers’ Compensation Appeal Board (Board) which affirmed the decision of a Workers’ Compensation Judge (WCJ) denying and dismissing Claimant’s Claim Petition for work-related hearing loss because it was filed more than three years after his last exposure to occupational noise. Claimant raises the issue as a matter of first impression whether his right to equal protection is violated because his claim for hearing loss injury is not allowed to benefit from the discovery rule which was previously…