Claim of Estrada v. Peepels Mechanical Corp.

Appeal from a decision of the Workers’ Compensation Board, filed December 20, 2004, which ruled that the State Insurance Fund was not a proper party and was not required to produce a report regarding apportionment between occupational disease and traumatic hearing loss.

Claimant, a construction worker, had his case established in May 2001 for occupational disease resulting in bilateral hearing loss. Necessary medical treatment was authorized but, given the fact that claimant had not removed himself from noise exposure, wage replacement benefits were not awarded. Claimant thereafter filed a…