Washington Hearing Loss Claims – Refresh Your Knowledge!
In Washington, hearing loss claims timeframes for filing are governed under RCW 51.28.055.
If there is reported hearing loss resulting from a sudden single event, this is considered conductive hearing loss, which is distinguished from an occupational disease claim. For an injury of this nature and to be considered timely, the claim must be filed within one (1) year of the injury.
A sensorineural (typically long-term exposure) hearing loss claim is handled differently than other occupational disease claims. Pursuant to RCW 51.28.055, for occupational hearing loss claims to be valid and compensable for full benefits, they must be filed within two (2) years following the date the worker had written notice from a physician or a licensed advanced registered nurse practitioner (ARNP.) To dive into this aspect further on timeliness, for an occupational hearing loss claim, the date of manifestation is either the date the worker first sought treatment as stated above, or the last date of injurious exposure, whichever came first. Note, just getting an audiogram alone would not constitute treatment for purposes of date of manifestation. Harry v. Buse Timber Sales, Inc. (2009.)
According to the Washington State Department of Labor & Industries (L&I), hearing loss is one of the most common occupational diseases reported in the state. As such, when considering claim allowance, it is pertinent to ensure a valid audiogram was performed. The test for validity is if the following conditions are met:
- Preceded by at least 14 hours without exposure to high levels of noise (occupational or non-occupational).
- Performed by a licensed or certified audiologist, an otolaryngologist or other qualified physician, or by a certified technician responsible to one of the above.
- Performed in a sound-attenuated room.
- Obtained from equipment calibrated to current American National Standards Institute (ANSI) standards
It is important that a valid audiogram was obtained, as this is the instrument also used for determining permanent partial disability.
For a valid hearing loss claim, the criteria for causation considered is whether: (1) the employment caused the hearing loss (2) whether the worker worked in a noisy environment for a significant amount of time (3) and the hearing loss must be diagnosed by a qualified medical professional.
Pursuant to RCW 51.36.020(5)(a), if there is an accepted claim for hearing loss, the self-insured employer is also responsible for covering the cost of hearing aids. After the first-time purchase, the employer does also remain responsible for the costs of repairs or replacement due to normal wear, replacement on request after five years, and battery replacements. It is important to note, the claim does not need to be reopened after closure to pay for these items. This rule does not extend to damage beyond repair or if the hearing aid(s) are lost. Travel costs for repair or replacement of hearing aids are not included in this coverage under the rules.
If you have any questions on whether there is a valid hearing loss claim or timeliness, please feel free to contact me at (503) 595-6106 or .
Posted by Allison Harper.
