Clinchfield Coal Co. v. Barton

Opinion

COLEMAN, J.

— We ruled on January 7, 1986, that an occupationally-induced gradual hearing loss was noncompensable under Code § 65.1-46 of the Workers’ Compensation Act because it was an ordinary disease of life. Belcher v. City of Hampton, 1 Va. App. 312, 316, 338 S.E.2d 654, 656 (1986). On July 1, 1986, a new “ordinary disease of life” statute took effect making such a hearing loss compensable, provided it meets certain criteria. Code § 65.1-46.1. In this case we consider whether a claimant is precluded from receiving benefits when an earlier claim had been denied following Belcher and…