McClure v. Workers' Compensation Appeal Board (Cerro Fabricated Products and PMA Group)

Summary

The Commonwealth Court of Pennsylvania affirmed an order concerning a claimant's occupational hearing-loss benefits. The court held that Cerro Fabricated Products was not a successor-in-interest to Accurate Forging Corporation under the asset-purchase agreement and was responsible only for the portion of the hearing impairment attributable to exposure during Cerro's employment. The court also upheld apportionment of related medical expenses based on Cerro's share of the hearing loss.

Holdings

1. Cerro was not a successor-in-interest to Accurate because the transaction was an asset purchase that did not constitute a merger or consolidation, expressly excluded workers' compensation liabilities, was not alleged to be fraudulent, and showed no lack of adequate consideration or provision for creditors.
2. Cerro was responsible only for 26.61% of McClure's reasonable and necessary medical expenses, corresponding to the portion of the hearing impairment caused during his employment with Cerro.
3. The untimeliness of McClure's claim against Accurate did not bar medical benefits attributable to the hearing loss incurred during his timely asserted employment with Cerro.

Questions Presented

1. Whether Cerro Fabricated Products was a successor-in-interest to Accurate Forging Corporation and therefore responsible for the entire cumulative binaural hearing loss.
2. Whether Cerro, which was responsible for only the portion of the hearing impairment incurred during McClure's employment with Cerro, was responsible for all or only a proportional share of the related medical expenses.

Disposition

affirmed