Hearing Loss Claims Require Proof of Injurious Exposure
In a recent workers’ compensation decision, a hearing loss claim was disallowed where the evidence simply did not support injurious noise exposure at the claimant’s last employer.
The claimant, a machine mechanic, alleged occupational hearing loss due to factory noise. However, the record told a different story:
- A detailed noise map demonstrated that sound levels at the facility were below 85 dB, the OSHA threshold for mandatory hearing protection and audiometric testing.
- Hearing tests and industrial hygiene evidence confirmed the absence of harmful exposure.
- Witness testimony established that hearing protection was strictly enforced in any area where noise exceeded 85 db.
- The claimant’s medical expert opined that the claimant’s hearing loss was consistent with noise exposure but did not identify where that exposure occurred. Based upon his years of litigation experience, John waived testimony of the treating physician to avoid giving her the opportunity to clarify her opinion regarding where the injurious exposure occurred.
Importantly, the claimant had worked for multiple industrial employers over his career and also had significant non-occupational noise exposure, including hunting and motorcycle use.
The Judge and Board agreed that, without proof tying the hearing loss to the last employer, the claimant failed to meet his burden of proof.
This case is a strong reminder that generalized medical opinions are not enough—causation must be supported by credible, site-specific evidence.
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