How Do We Handle an Occupational Noise Induced Hearing Loss Claim?
Many adjusters and lawyers believe that hearing loss claims brought under the Louisiana Worker’s Compensation Act should be paid without question and cannot be litigated successfully. This is not accurate.
There are many avenues for effectively litigating a Hearing Loss claim. Usually, we recommend sending the claimant to an audiologist of his choice to determine if he has any hearing loss. He will likely also be entitled to treatment with his choice of ENT physician as well.
Next, it is critical to determine if the claimant’s hearing loss is related to occupational noise or some other source. Noise induced hearing loss (NIHL) has a signature characteristic, the noise notch. Noise notching occurs predominately at the 4Hz level. If the audiogram pattern does not fit this pattern, you may have a causation defense. Our hearing is constantly diminishing throughout the course of our lives. As such, the existence of hearing loss along is not sufficient to prove a claim.
Even if the claimant has a noise notch, there may be an alternative cause. Was the claimant a hunter, did he have a viral infection, etc. Finally, even if the claimant clearly has NIHL, he should only be entitled to medical treatment, which exclusively consists of hearing aids. NIHL does not usually disable a claimant from work, according to most ENT physicians except in rare circumstances. Experts also agree that NIHL will not continue to occur indefinitely. Thus, disability can be litigated successfully in almost every claim.
We can also work with environmental consultants to complete Noise Does Surveys and provide guidance, which will avoid litigation in the future. We have worked with various mills to reduce their exposure related to hearing loss.
If you have a hearing loss claim and do not know how to handle it, give us a call and let Montiel Hodge help you.
