August 2006 SBH Quarterly Newsletter
PDF FormatWashington Court of Appeals WC Case Law Update
Changes made in the schedule of benefits for hearing loss cases.
Determining which schedule of benefits applies to a particular claim is
often confusing, especially when a worker has a long history of injurious
noise exposure. In Harry v. Buse Timber & Sales, Inc., 132 P.3d 1112
(Wash. App. Div. I May 1, 2006), the court remanded the case for
application of a tiered rating system for PPD associated with the worker’s
long history of occupational hearing loss. The court found it was unjust to
use the schedule of benefits based on when the hearing loss initially became
disabling. It also noted hearing loss can be disabling before it becomes
noticeable to the worker.
Based on the courts recommendations, the hearing loss impairment will be
apportioned over time and based on reliable audiograms. The hearing loss is
considered partially disabling on the date it is documented by audiogram, as
verified by medical testimony. Workers will then be paid for that percentage
of hearing loss according to the schedule in effect on the date of each such
audiogram.
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