United Parcel Service, Inc. et al. v. Robert Charles Millican, Jr.

Court Description:

Authoring Judge: Justice Sharon G. Lee

Trial Court Judge: Judge L. Marie Williams

An employer filed a complaint to resolve a dispute with an employee regarding workers compensation benefits. The employee alleged he suffered gradual hearing loss arising out of and in the course of his employment. The trial court held that the employee s claim, filed three years after his doctor advised him that his hearing loss was work related, was barred by the statute of limitations. Further, the trial court found the statute of limitations was not tolled because the employee failed to prove that any work-related noise caused a progression of the employee s hearing loss. The employee appealed. We affirm the trial court s judgment.