Hamilton v. Industrial Commission

JUSTICE RARICK,

specially concurring:

Section 1(d) of the Act and Code section 7130.30 represent a policy decision to impose liability for the entire disability arising from a hearing loss on the employer in whose employ the employee was last exposed to the hazard. To do otherwise would impose upon the employee the difficult, and often insurmountable, burden of proving that exposure to the noise at a particular employer’s facility resulted in some degree of disability and what that disability was. In theory, allocating liability among the employers, as the claimant argues and as the arbitrator…