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McCUISTON v. ADDRESSOGRAPH-MULTIGRAPH CORP.

No. 627PA82.

303 S.E.2d 795 (1983)

Charles W. McCUISTON, Jr., Employee, v. ADDRESSOGRAPH-MULTIGRAPH CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier.

Supreme Court of North Carolina.

July 7, 1983.

Attorney(s) appearing for the Case

James W. Workman, Jr., Greensboro, Lore & McClearen by R. James Lore, and Hassel & Hudson by Robin E. Hudson, Raleigh, for plaintiff-appellant.

Smith Moore Smith Schell & Hunter by J. Donald Cowan, Jr. and Caroline Hudson, Greensboro, for defendants-appellees.

John C. Brooks, Commissioner of Labor, Raleigh, for the State of North Carolina, amicus curiae.

MARTIN, Justice.

The sole question for review is whether the Court of Appeals erred in holding that as a part of his prima facie case plaintiff must prove that the sound which caused his hearing loss was of intensity of 90 dBA or more. N.C.Gen.Stat. § 97-53(28)(a) (1979). We hold that the Court of Appeals did so err, and we reverse and remand.

N.C.G.S. 97-53(28) provides that an employee may recover compensation for "[l]oss of hearing caused by harmful...

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