(Download) "Martinez v. Industrial Commission" by Florida Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Martinez v. Industrial Commission
- Author : Florida Supreme Court
- Release Date : January 23, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In this workmens compensation compensation case, the claimant, Tony Martinez, Sr., sustained a permanent loss of hearing as a result of his exposure to noise at his place of employment with Colorado Forest Products, Inc. However, the Industrial Commission denied the claimant benefits for permanent partial disability on the basis that the hearing loss resulted from an "occupational disease," rather than an "accidental injury," as those terms are defined by the "Workmens Compensation Act of Colorado," ? 8-40-101, et seq., C.R.S. 1973, and on the basis that the "Colorado Occupational Disease Disability Act," ? 8-60-101, et seq., C.R.S. 1973, which was repealed effective September 1, 1975, did not provide permanent partial disability benefits for a loss of hearing. Although we agree with the Commissions determination that claimants hearing loss resulted from an occupational disease rather than an accidental injury, we conclude that such hearing loss was compensable, and accordingly set aside the order of the Commission.