Island Creek Coal Co. v. Breeding

Opinion

COLE, J.

— Island Creek Coal Company (Island Creek) appeals from a decision of the Industrial Commission finding that Keithel Breeding (Breeding) contracted an occupational hearing loss. Island Creek contends that (1) Code § 65.1-46.1, which makes ordinary diseases of life compensable, is inapplicable to Breeding’s hearing loss because he did not suffer any injurious exposure after the effective date of the statute, July 1, 1986, and (2) even if Code § 65.1-46.1 is applicable to Breeding’s claim, he failed to prove by clear and convincing evidence and to a reasonable medical certainty…