Hannah v. Workers' Compensation Commissioner

McGRAW, Justice:

This appeal involves an application for workers’ compensation due to occupational hearing loss. The claimant appeals a final order of the Workers’ Compensation Appeal Board which affirmed the Commissioner’s ruling rejecting the application as being untimely filed. The extent of disability, if any, is not currently at issue. The limited question developed below is whether the claim is subject to consideration as being timely presented.

The pertinent facts are as follows. The appellant, who retired on September 30, 1981, had been employed by Eastern Associated Coal Corporation…