WAYMAN v. WESTERN COAL CARRIER CORP.

No. 18495.

665 P.2d 1294 (1983)

C. Leon WAYMAN, Plaintiff, v. WESTERN COAL CARRIER CORPORATION, a Utah corporation, and Second Injury Fund of the State of Utah, Defendants.

Supreme Court of Utah.

June 7, 1983.


Attorney(s) appearing for the Case

Virginius Dabney, Salt Lake City, for plaintiff.

David L. Wilkinson, Atty. Gen., Frank V. Nelson, Asst. Atty. Gen., Stuart L. Poelman, Timothy C. Allen, Salt Lake City, for defendants.


HALL, Chief Justice:

The issue presented by this writ of review is whether presbycusis, a loss of hearing generally associated with the aging process, is compensable by the Second Injury Fund. We conclude that it is not.

While in the employ of Western Coal Carrier Corporation, applicant C. Leon Wayman caught his toe in a cable and fell, injuring his hands, knees, left wrist and shoulder. He sought compensation for the injuries sustained, but made no claim...

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