Blackburn v. Workers' Compensation Division

(Filed Dee. 11, 2002)

I respectfully dissent from the portion of the majority opinion formulating temporary rules for determinations of awards in Workers’ Compensation hearing loss cases. While I do not necessarily disagree with the substance of the rules formulated by the majority, I believe that this Court has exceeded its authority by engaging in what is essentially a rule-making function, regardless of the fact that such rules are intended as only interim rules. A complex system exists within this State for the consideration and promulgation of rules within the Workers’ Compensation realm.…