LOIS Wins on Late Notice in Hearing Loss Claim

LOIS Associate Bradley Haymes obtained a disallowance in a New York Workers’ Compensation occupational disease bilateral hearing loss claim. The Claimant raised a hearing loss claim after nearly 30 years of working in a metal processing factory. The Claimant had been tested annually with the company for hearing loss through an annual physical. He had hearing loss in one ear when he started, and bilateral increased hearing loss by the time he retired. Haymes argued that this was untimely notice, as none was provided until the time of his claim months after retirement. Haymes also argued that his history of using a chainsaw, hunting, working on car engines, driving ATVs, and engaging in other loud hobbies were the superseding causes of his hearing loss. Finally, he argued that the Claimant’s medical records should be discarded, since the Claimant’s doctor changed practices with no access to his prior examination records, leaving him unable to comment on them. The Law Judge agreed that the Claimant associated his hearing loss to his work years before leaving the company and failed to file a claim within 90 days of the last exposure. Accordingly, the claim was barred and disallowed.