Byron D. Smallen v. Arvinmeritor, Inc., et al.

In this workers’ compensation action, the employee, Byron Smallen, alleged that he had sustained a gradual hearing loss as a result of exposure to noise in the workplace. Ownership of his employer had changed approximately one year prior to his last day worked. The trial court awarded 50% permanent partial disability to the hearing of both ears, and assigned liability to the new owner of the business, International Muffler. That party has appealed, contending that the trial court incorrectly applied the last injurious exposure rule. The appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment.