USX Corp. v. Workers' Compensation Appeal Board

I respectfully dissent as I disagree with the majority’s finding that the Workers’ Compensation Appeal Board (Board) correctly concluded that USX Corporation (Clairton) (hereafter Employer) had waived any issue regarding the submission of the audiogram of Dr. Stephen Froman, Claimant’s medical witness, by failing to object to its admission into the record. I do not dispute that a Workers’ Compensation Judge (WCJ) is at liberty to rely upon an audiogram where the record reveals no evidence that it was not performed in accordance with OSHA standards. See Bethlehem Steel Corporation v. Workers’…