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CLINCHFIELD COAL CO. v. BARTON

Record No. 1041-87-3.

371 S.E.2d 39 (1988)

CLINCHFIELD COAL CO. v. Garrett BARTON.

Court of Appeals of Virginia.

August 16, 1988.

Attorney(s) appearing for the Case

Michael F. Blair (Penn, Stuart, Eskridge & Jones, Abingdon, on brief), for appellant.

Stephen Vickers, Abingdon, (United Mine Workers of America, Legal Department, on brief), for appellee.

Present: COLEMAN, DUFF and HODGES, JJ.

COLEMAN, Judge.

We ruled on January 7, 1986, that an occupationally-induced gradual hearing loss was noncompensable under Code § 65.1-46 of the Workers' Compensation Act because it was an ordinary disease of life. Belcher v. City of Hampton, 1 Va.App. 312, 316, 338 S.E.2d 654, 656 (1986). On July 1, 1986, a new "ordinary disease of life" statute took effect making such a hearing loss compensable, provided it meets certain...

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