USX Corp. v. Workers' Compensation Appeal Board

SMITH, Judge.1

USX Corporation (Employer) appeals from an order of the Workers’ Compensation Appeal Board which affirmed the decision of a Workers’ Compensation Judge (WCJ) ordering Employer to pay workers’ compensation benefits to JoAnn Labash, the widow of Joseph Labash (Claimant). Employer contends that the WCJ erred by rejecting the audiogram presented by Employer, by not rejecting the audiogram presented by Claimant, by shifting the burden of proof to Employer to establish that Claimant’s hearing loss was not due to his employment with Employer, by accepting certain testimony on…