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Legal Opinion

Westmoreland Coal Co. v. Campbell

Court of Appeals of Virginia

Decided September 20, 1988No. Record No. 0981-87-3PublishedCited by 53 opinions

1Opinion of the Court

Opinion

MOON, J.

Westmoreland Coal Company seeks reversal of an award allowing compensation for hearing loss to Clyde C. Campbell. We reverse the award on two separate grounds. First, we hold that the doctrine of collateral estoppel precludes any claim by Campbell to benefits for losses occurring before June 28, 1985. Secondly, we reverse that portion of the award allowing compensation for any hearing loss that occurred after June 28, 1985 because Campbell failed to show “to a reasonable medical certainty” that the hearing loss was caused by his employment.

Westmoreland Coal employed Campbell as…

2Cases cited5 opinions

  1. Island Creek Coal Co. v. BreedingCourt of Appeals of Virginia · 1988
  2. Bacon v. BaconCourt of Appeals of Virginia · 1986
  3. Belcher v. City of HamptonCourt of Appeals of Virginia · 1986
  4. Childress v. Beatrice Pocahontas Co.Court of Appeals of Virginia · 1988
  5. Clinchfield Coal Co. v. BartonCourt of Appeals of Virginia · 1988

3Cited by53 opinions

  1. Artis v. Ottenberg's Bakers, Inc.Court of Appeals of Virginia · 2005
  2. Hoffman v. CarterCourt of Appeals of Virginia · 2007
  3. Craddock Moving & Storage Co. v. SettlesCourt of Appeals of Virginia · 1993
  4. City of Waynesboro v. GriffinCourt of Appeals of Virginia · 2008
  5. Holly Farms Foods, Inc. v. CarterCourt of Appeals of Virginia · 1992

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