Blackburn v. Workers' Compensation Division

(Filed Dec. 9, 2002).

I have three problems with the majority opinion. First, I believe that it is incorrect in light of the facts of this case. There are two audiogram results at issue here. Mr. Blackburn was examined by Dr. Joseph Tou-ma and undeiwent audiometrie testing administered by Laura Bedell Garish, a certified Clinical Audiologist. The reliability of the audiogram was rated “fair to good.” Based upon the examination and the results of the audiogram, Dr. Touma concluded that Mr. Blackburn had suffered a 10.65% impairment as a result of noise-induced hearing loss. Subsequently, Mr.…