COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Moon, Senior Judges Cole and Duff 

TARA K COAL COMPANY 

AND 

OLD REPUBLIC INSURANCE COMPANY MEMORANDUM OPINION*

 PER CURIAM 

v. Record No. 1327-95-3 NOVEMBER 21, 1995 

 

GLENN COLLIER 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (S. T. Mullins; Lucy G. Williams; Street, Street, 

Street, Scott & Bowman, on briefs), for appellants. 

 (Susan D. Oglebay, on brief), for appellee. 

 Tara K Coal Company and its insurer (hereinafter 

collectively referred to as "employer") contend that the Workers' 

Compensation Commission erred in finding that Glenn Collier's 

sensorineural hearing loss qualifies as a compensable 

occupational disease within the meaning of "disease" under the 

Workers' Compensation Act ("the Act"). Upon reviewing the record 

and the briefs of the parties, we conclude that this appeal is 

without merit. Accordingly, we summarily affirm the commission's 

decision. Rule 5A:27. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 

 The facts are not in dispute. Collier worked as an 

underground miner from 1977 through 1989. During this time 

period, he worked without hearing protection in an environment 

which exposed him to significant noise. Collier began to notice 
 2 

a decline in his ability to hear over several years. On June 16, 

1994, he sought medical treatment from Dr. Jeffrey P. Robbins, an 

otolaryngologist. Dr. Robbins diagnosed a 31.25 decibel loss in 

Collier's right ear and a 33.75 loss in his left ear. Based upon 

Collier's history and physical examination, Dr. Robbins concluded 

that Collier's "medically significant high-frequency 

sensorineural loss . . . resulted from 14 years of very 

significant and unprotected industrial (coal mining) noise 

exposure." Dr. Roger D. Neal, who examined Collier at employer's 

request, agreed with Dr. Robbins' opinions. 

 Relying upon Collier's testimony and Dr. Robbins' opinions, 

the commission found that Collier's sensorineural hearing loss 

constituted a "disease" within the meaning of the Act. 

Furthermore, the commission concluded that the uncontradicted 

medical evidence provided clear and convincing proof that 

Collier's hearing loss is compensable under Code § 65.2-401. 

 In Piedmont Mfg. Co. v. East, 17 Va. App. 499, 503, 438 

S.E.2d 769, 772 (1993), we defined "disease" as 

 any deviation from or interruption of the 

normal structure or function of any part, 

organ, or system (or combination thereof) of 

the body that is manifested by a 

characteristic set of symptoms and signs and 

whose etiology, pathology, and prognosis may 

be known or unknown. 

 "[T]he definition enunciated in Piedmont [has been 

recognized by this Court] as the general and accepted meaning of 

the term 'disease,' a term which is presumed to be known by the 
 3 

legislature and is employed by it without restriction in Code 

§§ 65.2-400 and 65.2-401." Perdue Farms, Inc. v. McCutchan, 21 

Va. App. 65, 68, 461 S.E.2d 431, 435 (1995). 

 Sensorineural hearing loss is defined as "hearing loss due 

to a defect in the inner ear or the acoustic nerve." Dorland's 

Illustrated Medical Dictionary 583 (26th ed. 1985). Using this 

general medical definition of sensorineural hearing loss, as we 

did for carpal tunnel syndrome in Perdue, we find that it places 

Collier's condition within the definition of disease set forth in 

Piedmont and approved of in Perdue.1 

 On appeal, we view the evidence in the light most favorable 

to the prevailing party below. R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). This 

Court must uphold the commission's factual findings if supported 

by credible evidence. James v. Capitol Steel Constr. Co., 8 Va. 

App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 As in Perdue, Collier's condition did not present as an 

obvious, sudden, mechanical or structural change in his body. 

Rather, credible evidence supports the commission's finding that 

Collier's sensorineural hearing loss is a condition characterized 

as a "disease" within the meaning of the Act. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.

 

 1Dr. Robbins agreed that Collier's sensorineural hearing 

loss qualifies as a disease under the Piedmont definition.