Best in Class MD (BICMD) recently conducted a Webinar Titled:
Addressing Challenges in Occupational Hearing Loss Claims: The Longshore Act
This BICMD in-depth webinar focused on addressing the unique challenges of hearing loss claims under the Longshore Act.
A majority of these claims are occupationally-related, rather than traumatic, proving causation under the Longshore Act. Accurately assessing hearing loss can be difficult, particularly when dealing with elderly claimants or conflicting audiograms.
Workplace hearing loss compensation claims:
Our expert panel of ENTs covered key topics such as:
- Establishing causation and the presumption of work-related injury
- Handling pre-existing hearing loss and understanding the aggravation rule
- Identifying and correcting inaccuracies in audiograms
- Understanding gold standard tests like ABR and ASSR, and how they apply to longshore claims
- Determining compensability and eligibility for medical benefits
- Proper testing methods and frequencies essential for hearing loss evaluation in longshore cases
Workers’ compensation: occupational hearing loss medical evaluation
This webinar was designed for claims professionals, attorneys, and insurance representatives working with longshore hearing loss claims. Valuable insights were given on best practices and how partnering with ENTs for expert medical opinions can ensure fair and accurate outcomes with fair claims compensation.
Medical review for workplace hearing damage claims:
In the past several years there has been an increasing number of hearing loss claims, due to workplace noise. These claims can be expensive due to the inherent problem of hearing loss being highly clinical. Also, the lack of knowledgeable experts in this field creates a problem of misdiagnosis and insurance claim denial.
BICMD – Best In Class MD experts discuss work-related hearing loss:
Dr. Naunheim, Board Certified Otolaryngologist and Dr. Elliott Korzin, Ear and Scull-base ENT Surgeon discussed hearing loss, the types, causes and the appropriate testing for work-related hearing problems.
Types of hearing loss that may or may not be work-related:
- Both ears have some loss of hearing
- One ear has hearing loss
- Genetic hearing loss
- Occupational (Work-related) hearing loss
What are the causes of occupational hearing loss?
The causes of hearing loss may depend greatly on where the loss is occurring. Dr.s Naunheim and Korzin discussed the following areas of hearing loss:
- Outer ear: Examples are excessive ear wax or a hole in the eardrum
- Middle Ear: Examples are aging, infections and genetic anomalies that occur in the middle ear.
- Mixed hearing loss: Can include both outer ear and middle ear.
While diagnosing hearing loss, the Doctors determine where the loss is coming from and what is causing the lack of hearing.
Problems with discovering if hearing loss is work-related or not:
The webinar discusses the problems associated with hearing loss and hearing loss claims in the workplace. The first discovery is too broad of a test to determine loss. Testing needs to be either:
- Subjective (audiogram)
- Objective
- ABR: An Auditory Brainstem Response (ABR) test measures how well the brain and inner ear respond to sound and can help detect hearing loss.
- ASSR: An auditory steady-state response (ASSR) test is an objective, electrophysiological test that can be used to estimate hearing thresholds in people with hearing loss
- Otoacoustic Emission: These are sounds given off by the inner ear when responding to a sound.
- Scans, including CT scan and MRI to rule out tumors or a mass in the brain causing the hearing loss.
What is the Longshore Act in regard to work-related hearing loss?
The Longshore Act is a federal law that provides medical benefits, lost wage compensation, and rehabilitation services to maritime workers who are injured while working on navigable waters of the United States or in adjoining areas like docks and piers, essentially covering workers like longshoremen, ship repairers, and harbor construction workers; it essentially functions as a form of workers’ compensation for maritime jobs that aren’t covered by other laws. In regard to hearing loss, the Longshore Act provides testing, diagnosis and treatment for work-related hearing loss.
Longshore Act Concerns and Challenges for Workers-Comp Hearing Loss:
The claims process for work-related hearing loss can be challenging, especially for companies who are trying to minimize their workman’s compensation payouts. The Longshore Act has the following challenges:
- Claimant Friendly: High threshold for payment to the employee, often without secondary, complete testing.
- Legal concerns: Date of injury or when hearing loss occurred.
- Last responsible employer: Did the hearing loss occur at a previous job?
- Aggravated Exacerbation: Was the hearing loss made worse by the current job?
As an employer, should I send my employee for a second opinion when it comes to occupational hearing loss?
Absolutely! Hearing loss claims can get expensive, especially given the rules of the Longshore Act. It is well within reason for the employer (of any industry, not just for those covered by the Longshore Act) to seek an expert second opinion. BICMD not only offers world-class second opinions for hearing loss, they have a program for employers and employees.
BICMD Program Goals for Worker’s Compensation-related hearing loss:
The first thing BICMD offers for workers’ compensation-related hearing loss clients is to give a standardized method for correct diagnosis and treatment. Their Program Goals include:
- Validity of Testing – checking the accuracy of the test(s) done to determine hearing loss
- Standardized Questions: Asking the patients a list of standardized questions that can help determine if the hearing loss is work related.
- Differential Diagnosis: BIDMD doctors are able to distinguish and determine the most likely type and cause of hearing loss.
- Key Assessment: Is the hearing loss due to noise within the work place?
- What etiologies can explain the loss of hearing.
- Is the hearing loss compensable from an employer-employee standpoint?
Expert evaluation and second opinion for work-related hearing loss:
At BICMD we will find the most likely cause of hearing loss, especially if there is a discrepancy in hearing tests. We have the most up-to-date technology and experts within the field to correctly diagnose when, where, and how the hearing loss occurred as well as the best treatment going forward.
What will an expert second opinion tell me about a occupational hearing loss claim?
We offer the following within our second opinion report:
- Otologic summary using a standardized questionnaire which includes family history, work and personal history and potential causes of hearing loss.
- Hearing Data examined and explained.
- Diagnostic testing, done correctly, especially when prior tests differ.
- Additional testing if needed, to correctly diagnose the hearing issue and if it is work-related or not.
If you are an employer and have questions about your company’s work-related hearing loss claims, contact our experts at BICMD – Best In Class MD, where we have the very best doctors in the country, ready to help you navigate the hearing-loss claims world.
