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SMALLEY v. AMERICAN CAN COMPANY

No. C1-88-364, C7-88-370.

428 N.W.2d 390 (1988)

Herman SMALLEY, Relator (C1-88-364), Respondent (C7-88-370), v. AMERICAN CAN COMPANY, and Employers of Wausau Insurance, Respondents (C1-88-364), Relators (C7-88-370).

Supreme Court of Minnesota.

September 2, 1988.

Attorney(s) appearing for the Case

Joseph T. Herbulock, Minneapolis, for Herman Smalley.

Barbara L. Heck, Minneapolis, for American Can Co.

Considered and decided by the court en banc without oral argument.

OPINION

WAHL, Justice.

This is an appeal from a decision of the Workers' Compensation Court of Appeals reversing a compensation judge's award of permanent partial disability compensation for a noise-induced hearing loss. We reverse and reinstate the decision of the compensation judge.

Since 1964, Herman Smalley (employee) has worked for the American Can Company as a production mechanic, a job which exposed him to hazardous noise on a daily basis...

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