WORKPLACE SAFETY AND INSURANCE BOARD
APPEALS RESOLUTION OFFICER DECISION
DECISION NUMBER: 20100078
OBJECTION BY: Worker
EMPLOYER: Participating
HEARING DATE: N/A
ISSUE
The worker is requesting entitlement to noise-induced hearing loss.
HOW THE ISSUE ARISES
The worker was employed as an Electrician with various employers in Ontario between 1943 and 1984. His most recent employment history was with the exposure employer from 1949 to 1984 when he retired. During his career, he was exposed to hazardous noise levels from exposure on various construction sites.
The claim was established on receipt of a Worker’s Report of Occupational Noise-Induced Hearing Loss when he attributed the noise exposure while employed as an Electrician on various job sites. He submitted audiograms completed on April 26, 1999, April 8, 2004 and January 9, 2009. The noise-induced hearing loss adjudicator accepted the worker had at least three to four hours of hazardous noise exposure daily for over 20 years and requested an opinion about whether the pattern of the worker’s hearing loss was consistent with noise-induced hearing loss.
A WSIB audiologist completed her review and offered the opinion the worker’s pattern of hearing loss is compatible with noise-induced hearing loss. However, the worker was out of the noise exposure when he retired in 1984 and the noise-induced hearing loss adjudicator calculated the degree of the worker’s hearing loss based on the audiogram of April 26, 1999. She found the worker had a hearing loss of 21.5 dB in the right ear and 22.75 dB in the left ear. Given the degree of hearing loss, the noise-induced hearing loss adjudicator found the worker did not have sufficient hearing loss to qualify for entitlement under the Workplace Safety and Insurance Act (the Act). She informed him of this decision in a letter dated October 28, 2009.
The worker is objecting to this decision.
AUTHORITY
WSIB Operational Policy Manual (OPM) Documents:
11-01-02 – Decision-Making
16-01-04 – Noise-Induced Hearing Loss, On/After January 2, 1990
RESOLUTION METHOD AND PROCESS
The worker completed and submitted the 60-Day Decision Option Form requesting a decision with the evidence in the file. The employer participated.
ASSESSMENT OF THE EVIDENCE AND SUBMISSIONS
I have reviewed the record and considered the evidence.
The worker argued the feasibility of the WSIB criteria for entitlement noise-induced hearing loss. He opined that a hearing loss of one decibel is hardly discernable without the use of a sound level meter by most people. In his opinion, the required policy criteria of 22.5 dB would be more equitable if there was a range of approximately 2 dB plus or minus. The worker made reference to potential inaccuracies in the testing procedure and feels the difference of one decibel of hearing loss should not be considered 100 per cent correct means of measuring hearing loss because of individual differences.
The record reflects the worker was employed between 1943 and 1984 when he retired. While employed as an Electrician, he was exposed to hazardous levels of noise as he worked on various construction sites in extremely noisy environments. The employer expressed concern about the worker’s exposure and confirmed the job description as the worker provided but felt the noise exposure was intermittent as the nature of the worker’s employment took him from site to site. He acknowledged the worker would have been exposed to hazardous noise levels when working on various construction sites and although he would not likely have had eight hours of continuous exposure, his cumulative exposure over the years would constitute hazardous noise levels
WSIB Operational Policy Document 16-01-04 – Noise-Induced Hearing Loss, On/After January 2, 1990 provides the criteria for when a worker would have entitlement to noise-induced hearing loss. It states in part:
“Workers with occupational noise-induced hearing loss that is sufficient to cause a hearing impairment may be entitled to benefits. Entitlement to health care and rehabilitation benefits begin with a hearing loss of 22.5 dB in each ear, when the hearing loss in the four speech frequencies (500, 1000, 2000 and 3000 Hz) are averaged.
The following is persuasive evidence of work-relatedness in claims for sensorineural hearing loss:
continuous exposure to 90 dB(A) of noise for 8 hours per day for a minimum of 5 years, or the equivalent, and
a pattern of hearing loss consistent with noise-induced sensorineural hearing loss.
A Presbycusis (aging) factor of 0.5 dB is deducted from the measured hearing loss (averaged over the 500, 1000, 2000 and 3000 Hz frequencies) for every year the worker is over the year of 60 at the time of the audiogram. The hearing loss that remains after the presbycusis adjustment is then used to determine entitlement to benefits. Entitlement to health care and rehabilitation benefits is available when the adjusting hearing loss is at least 22.5 dB in each ear.”
I accept that given the worker’s decades of daily intermittent exposure to hazardous noise levels on construction sites without benefit of hearing protection, he meets the noise level policy requirement for consideration of entitlement. In my view the exposure issue is satisfied.
A WSIB audiologist reviewed the evidence and found the worker’s pattern of hearing loss was compatible with noise induced hearing loss. The NIHL adjudicator calculated the results of the first audiogram on record, April 26, 1999 as follows:
Hertz
Degree of hearing loss (left ear)
Degree of hearing loss (right ear)
500
20
20
1000
25
25
2000
35
40
3000
35
25
Total
115/4=28.75
110/4=27.50
The total degree of hearing loss in both ears (115 on the left and 110 on the right) is divided by four (for the four frequencies 500, 1000, 2000 and 3000) and it was determined the worker had 28.75dB loss on the left and 27.50 on the right. At the time of the calculation it was determined the worker was 72 years old and as WSIB Operational Policy directs, .5 is deducted for each year the worker is over the age of 60. In the worker’s case 6 dB would be deducted (.5 x12) which left 22.75 dB in the left ear and 21.50dB in the right.
I carefully reviewed the evidence and found the results of the audiogram of April 26, 1999 are as follows:
Hertz
Degree of hearing loss (left ear)
Degree of hearing loss (right ear)
500
20
20
1000
25
25
2000
35
40
3000
35
30
Total
115/4=28.75
115/4=28.75
The worker was born on November 15, 1927 and the audiogram was done on April 26, 1999 which made him 71 years old at the time of the audiogram. This means 5.50 dB would be deducted from each ear (.5x 11). After the presbycusis factor of 5.50 dB is deducted the worker is left with hearing loss of 23.25 dB in each ear.
WSIB operational policy document 16-01-04 directs that entitlement to health care and rehabilitation benefits is available when the adjusted hearing loss is at least 22.5 dB in each ear. The worker’s pattern of hearing loss is consistent with noise induced hearing loss, he has
23.25 dB loss in each ear and the equivalent of continuous exposure to 90 dB(A) of noise for 8 hours per day for a minimum of 5 years. For those reasons I find he meets the criteria for entitlement to noise induced hearing loss for health care benefits only.
CONCLUSION
I conclude the worker is entitled to health care benefits for noise-induced hearing loss.
The worker’s objection is granted.
Dated: May 6, 2010
D. Hart
Appeals Resolution Officer
Appeals Branch