Decision #06/01 - Type: Workers Compensation
Preamble
An Expedited Oral Hearing was held on November 27, 2000, at the request of the claimant.
Issue
Whether or not the claimant is entitled to an impairment award with respect to his tinnitus.
Decision
That the claimant is not entitled to an impairment award with respect to his tinnitus.
Background
In March 1983, the claimant filed a claim for noise induced hearing loss which he related to his employment activities in the manufacturing industry. The claim for compensation was accepted by the Workers Compensation Board (WCB) and the claimant received a lump sum settlement of $10,138.14 on April 14, 1984 in recognition of his impairment.
On March 6, 2000, the claimant called the WCB to request that his claim be reopened as he read an article in the newspaper which indicated that the WCB now recognized tinnitus as a compensable condition. On March 14, 2000, an adjudication supervisor advised the claimant that he did not qualify for these benefits as the policy for such an award had been approved only for accidents occurring on or after April 1, 2000. On March 27, 2000, the claimant appealed this decision to Review Office.
In an April 14, 2000 decision, Review Office stated that it had been established that the claimant had a history of tinnitus when he filed his claim for hearing loss in 1983. As the recently adopted policy provided for the recognition of tinnitus as a compensable condition had been approved for accidents occurring on or after April 1, 2000, the claimant’s request for further compensation for his tinnitus condition was denied. On June 20, 2000, the claimant appealed Review Office’s decision and an Expedited Oral Hearing was arranged.
Reasons
The evidence reveals that the claimant when examined by a treating physician in 1982 presented with a history of tinnitus for approximately one year. The results of Audiogram tests conducted in 1983 confirmed that the claimant had developed a bilateral hearing loss consistent with excessive noise exposure over a lengthy period of time. In April of 1984, the claimant was awarded a 4.9% impairment rating for which he received a lump sum settlement. The claimant now brings this appeal seeking compensation for his tinnitus.
Effective April 1st, 2000, the WCB implemented a new policy with respect to hearing loss claims caused by either acute acoustic trauma or prolonged exposure to excessive noise. Policy 44.20.50.20 provides, in part, the following:
“Claims for tinnitus are compensable if the tinnitus is associated with the noise-induced hearing loss and there is a history of two or more years of continuous tinnitus.”
In conjunction with this policy, the WCB also amended its Permanent Impairment Rating Schedule to include a 2% rating for tinnitus.
Section 60.8(5) of The Workers Compensation Act prescribes that the Appeal Commission is bound by the policies of the Board of Directors. It is important to note that policy 44.20.50.20 is only applicable to claims arising from accidents occurring on or after April 1st, 2000. Inasmuch as the claimant’s accident giving rise to a claim for tinnitus occurred prior to April 1st, 2000, he is therefore not entitled to an impairment award. Regrettably, the claimant’s appeal must be dismissed.
Panel Members
R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
L. Butler, Commissioner
Recording Secretary, B. Miller
R. W. MacNeil - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 5th day of January, 2001