SWVA, Inc. v. West Virginia Office Insurance Commission

I concur with the conclusion reached in the majority opinion in this appeal. I write separately to express my understanding of the basis for affirming the Board of Review in this matter.

This Court has, on several occasions, extensively addressed the issue of workers’ compensation hearing loss claims. In Bilbrey v. Workers’ Compensation Commissioner, 186 W.Va. 319, 412 S.E.2d 513 (1991), we found that there had been “little or no consistency in the manner in which the Commissioner grants permanent partial disability awards for noise-induced hearing impairment or in the tests that are required…