John Bego Sr. v. Bayer CropScience LP

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s denial of John Bego Sr.’s application for occupational hearing loss benefits. The court held that the evidence supported the conclusion that the progression of his hearing loss after November 1, 2006, was not occupationally caused. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Bego failed to establish that the progression of his hearing loss after November 1, 2006, was due to occupational hearing loss.
2. The Board of Review’s decision was not in clear violation of a constitutional or statutory provision, was not clearly the result of erroneous conclusions of law, and was not based on a material misstatement or mischaracterization of the evidentiary record.

Questions Presented

1. Whether the evidence established that the progression of Bego’s hearing loss after November 1, 2006, was occupational hearing loss compensable under workers’ compensation.
2. Whether the Workers’ Compensation Board of Review’s affirmance of the denial of benefits was clearly erroneous, legally invalid, or based on a material misstatement or mischaracterization of the evidence.

Disposition

affirmed