Decision #11/26 - Type: Workers Compensation
Preamble
The worker appealed the Workers Compensation Board ("WCB") decision that they are not entitled to replacement hearing aids. At a file review held on March 5, 2026, the panel considered and determined the appeal.
Issue
Is the worker entitled to replacement hearing aids?
Decision
The worker is entitled to replacement hearing aids.
Background
On May 14, 2018, the WCB accepted the worker’s claim of hearing loss arising out of workplace noise exposure. The audiogram evidence showed noise-induced hearing loss in 1998. Relying on an opinion from the WCB’s Ear, Nose and Throat (ENT) specialist, the WCB provided coverage for two hearing aids. On May 25, 2018, the WCB also provided a permanent partial impairment rating and award to the worker.
When those hearing aids required repair in February 2021 and in May 2022, the WCB approved those repairs. On September 8, 2023, the treating audiologist asked that the WCB approve provision of replacement hearing aids, noting the worker’s current hearing aids were more than five years old and could no longer be repaired by the manufacturer. On September 15, 2023, the WCB approved replacement of the worker's hearing aids.
On August 11, 2025, the treating audiologist contacted the WCB requesting consideration for provision of new hearing aids as the worker had suffered a sudden hearing loss in their left ear after a non-compensable health issue, and per a July 25, 2025 audiogram, the worker's hearing did not recover. The audiologist said the current hearing aids are no longer appropriate for the worker's hearing loss and recommended a different hearing aid system that would transfer sound from the left side to the worker's right ear. The WCB denied the worker's request by letter dated August 14, 2025 on the basis that the WCB only provides for replacement hearing aids every five (or more) years. The current hearing aids were bought in September 2023, and therefore the worker is not entitled to replacement until 2028.
On December 5, 2025, the worker requested Review Office reconsider the WCB’s decision, relying on the opinion of the treating audiologist that their hearing deteriorated to the point where the current hearing aids no longer worked, and noting the resultant negative impact on their ability to perform activities of daily living. The worker further noted that if not for their work-related noise-induced hearing loss, they would not require hearing aids at all. Review Office determined on December 18, 2025 that the worker is not entitled to replacement hearing aids, finding that the need for replacement hearing aids arose out of a non-compensable health issue and was not due to the compensable injury. The worker’s representative appealed the decision, and a file review took place to consider the appeal.
Reasons
Applicable Legislation and Policy
The Appeal Commission and its panels are bound by The Workers Compensation Act (the "Act"), regulations under the Act and the policies established by the Workers Compensation Board of Directors. The legislative provisions in effect at the time of the accident are applicable.
Section 4(1) of the Act provides that where a worker suffers personal injury by accident arising out of and in the course of employment, compensation shall be paid. Section 27(1) of the Act states that the WCB "…may provide a worker with such medical aid as the board considers necessary to cure and provide relief from an injury resulting from an accident."
The WCB Policy 44.20.50.20, Noise-Induced Hearing Loss outlines the WCB's approach to claims arising from long-term exposure to occupational noise that causes hearing loss. This policy provides, in respect of coverage for hearing aids, that WCB Policy 44.120.10, Medical Aid (the “Medical Aid Policy”) applies. The Medical Aid Policy sets out general principles about a worker’s entitlement to medical aid, which includes medical supplies, orthotics, and prosthetics, such as hearing aids. The Medical Aid Policy outlines that the WCB will decide if medical aid is appropriate and necessary, considering the following criteria:
• Recommendations from recognized healthcare providers;
• Current scientific evidence about the effectiveness and safety of prescribed/recommended healthcare goods and services;
• Standards developed by the WCB Healthcare Department.
Schedule B of the Medical Aid Policy confirms that for medical appliances and devices, the WCB will fund if:
1. The medical device or appliance is prescribed or recommended by a recognized health care provider;
2. The need for the medical device and/or appliance is the result of a compensable injury;
3. The Board determines that the medical device and/or appliance will likely be or has been effective in the treatment or ongoing care of a compensable injury; and
4. The Board considers the cost of the medical device and/or appliance to be reasonable.
Schedule B goes on to provide that the WCB will pay for repairs or replacement of medical devises due to normal wear and tear, damage from accidental causes or changes in the physical condition of the worker or the fit of the medical device or appliance.
Worker's Position
The worker was represented in the appeal by a worker advisor who provided a written submission to the panel in advance of the hearing.
The worker’s position is that they are entitled to replacement hearing aids as the WCB accepted their claim of bilateral hearing loss due to occupational noise exposure and approved the provision of bilateral hearing aids. The worker submits that because the hearing aids provided in 2023 are no longer recommended by the treating audiologist and because the audiologist has recommended new hearing aids due to a change in the worker's physical condition resulting in an increase in the worker's hearing loss, the WCB should cover the replacement hearing aids in compliance with the Medical Aid Policy.
The worker’s representative acknowledged that other factors likely also contributed to the worker’s increased hearing loss but submitted that if not for the worker's exposure to noxious occupational noise, they might not currently require use of hearing aids at all.
The worker advisor argued that the facts here meet requirements of the Medical Aid Policy and noted that the Policy does not explicitly set any time limit in terms of when medical aid devices and appliances can be replaced. Further, the Policy does provide for repairs or replacement of such devices and appliances under Schedule B to the Policy.
For these reasons, the worker submits that they should be entitled to replacement hearing aids, and the appeal should be granted.
Employer’s Position
The employer did not take part in the appeal.
Analysis
The question in this appeal is whether the worker is entitled to replacement hearing aids for their bilateral hearing loss. For the appeal to succeed, the panel would have to find that the worker requires different hearing aids from those currently in use to cure and provide relief from the worker's compensable injury. As detailed in the reasons that follow, the panel was able to make such a finding and therefore, the worker’s appeal is granted.
The panel noted the WCB accepted the worker’s claim for bilateral hearing loss arising out of their occupational exposure to noxious noise in the workplace and determined the worker required bilateral hearing aids, which were provided in 2018 and again in 2023. The evidence from the worker and the treating audiologist confirms that the worker's left hearing loss has increased to the point that the hearing aids obtained in September 2023 are no longer sufficient to meet the worker's needs. The treating audiologist explicitly stated that since the worker's health event in April 2025, the worker has "…a profound sensorineural hearing loss and no word understanding for [their] left ear. This means that [the worker's] current hearing aids are no longer appropriate for [their] hearing loss." The audiologist recommended a new hearing aid system that would function to transfer sound from the worker's left side to their "better hearing right ear" to address the worker's "significant difficulties" with their hearing.
Having reviewed the medical information and applying the provisions of the Medical Aid Policy, the panel is satisfied that the worker is still entitled to bilateral hearing aids as recommended by the treating audiologist and that the need for such devices explicitly arose out of the worker’s diagnosed bilateral moderately severe high frequency sensorineural hearing loss. As the WCB confirmed in 2018 that the worker’s hearing loss is a result of workplace noise exposure and at that time, agreed that the use of bilateral hearing aids is likely to be effective in treatment of the worker’s hearing loss, and is of reasonable cost, and as there is no evidence to the contrary, the panel is satisfied that these findings remain valid in the present.
The panel finds that the Review Office wrongly considered whether the worker's need for replacement of their hearing aids is a result of the workplace injury. Rather, the question is whether the worker's need for the hearing aids arose out of the compensable injury. As noted above, we are satisfied that the finding from 2018 is still valid.
In terms of the timing of the replacement of the worker's hearing aids, while the WCB typically allows such replacement at intervals of no less than five years, the panel noted that this is not a requirement found in the Medical Aid Policy. The Policy explicitly contemplates that there may be circumstances where the WCB will need to replace medical devices, such as when there are changes in the physical condition of the worker or the fit of the device or appliance. Based on the evidence of the treating audiologist, which is uncontradicted by any other evidence, the panel is satisfied that there has been a change in the physical condition of the worker, as relates specifically to their left ear hearing, such that the worker's current hearing aids are no longer effective in the treatment of the compensable injury.
Based on the evidence before the panel and applying the standard of a balance of probabilities, we are satisfied that the worker requires replacement hearing aids, bilaterally to cure and provide relief from their compensable injury. Therefore, the worker is entitled to replacement hearing aids, and the appeal is granted.
Panel Members
K. Dyck, Presiding Officer
J. Peterson, Commissioner
M. Kernaghan, Commissioner
Recording Secretary, J. Lee
K. Dyck - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 12th day of March, 2026