Bayer Cropscience, LP v. Steven Davis

Summary

The Supreme Court of Appeals of West Virginia affirmed the Board of Review's decision holding Steven Davis's occupational hearing loss compensable under workers' compensation. The court concluded that the evidence supported a work-related sensorineural hearing loss and rejected Bayer CropScience's challenge to the findings regarding prior ear problems and audiometric testing.

Holdings

1. The evidence supported the determination that Davis sustained a work-related sensorineural hearing loss, notwithstanding his history of noncompensable conductive ear problems.
2. The Board of Review's decision was affirmed because it was not in clear violation of a constitutional or statutory provision, did not clearly result from erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether Davis's hearing loss was work-related and therefore compensable under the workers' compensation system.
2. Whether the Board of Review's decision affirming compensability was clearly erroneous under the applicable appellate standard.

Disposition

affirmed