The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker appealed the Workers Compensation Board ("WCB") decision that they are not entitled to a hearing aid for their left ear. The appeal panel considered the worker's appeal in a file review held on May 5, 2026.

Issue

Is the worker entitled to a hearing aid for their left ear?

Decision

The worker is not entitled to a hearing aid for their left ear.

Background

The worker provided a Worker Hearing Loss Report to the WCB on March 28, 2025, reporting gradual hearing loss that they attributed to noise exposure while working with the employer. In the report, the worker indicated they first noticed hearing difficulties between 1979 and 1983, noting that beginning approximately in 1979, the employer had a hearing protection program in place. In the Work History Summary submitted with that report, the worker outlined their employment history since 1966 and that their job had them daily working in a noisy environment with hearing protection provided. The worker included audiological tests from March 15, 2025 and March 26, 2025. The audiogram of March 15, 2025 indicated moderately severe sensorineural hearing loss in the worker's right ear and moderate/moderately severe sensorineural hearing loss in the left ear, with a recommendation for bilateral hearing aids. The March 26, 2025 audiogram noted the worker's report of gradual hearing loss and increased difficulty hearing background noise with an extensive history of occupational noise exposure. Testing indicated mild sloping to moderately severe high frequency sensorineural hearing loss in both ears, with a recommendation for bilateral hearing aids.

When the WCB contacted the worker on April 8, 2025, the worker confirmed the information in the hearing loss report and noted that while working for the employer, they wore hearing protection approximately 25% of the time, removing the plugs to answer the phone and to diagnose difficulties with equipment. The worker noted they retired in 2007.

The employer provided an Employer Hearing Loss Report to the WCB on April 16, 2025, confirming the worker's employment from July 3, 1979 until retirement on August 4, 2007. The employer noted the worker's job duties throughout that time included exposure to loud noise from machinery, equipment, and devices for 5-7 hours daily. The employer reported it provided hearing protection to the worker. The employer also provided hearing test results from various years between 1983 and 2007.

On April 16, 2025, the WCB adjudicator noted that noise levels at the worker's jobsite varied between 72 and 115 decibels, and that considering the worker's use of hearing protection approximately 25% of the time, the worker's noise exposure met the WCB criteria for exposure to noxious noise.

A WCB audiology advisor, on reviewing the worker's claim on May 7, 2025, did not review the 2025 audiograms as noise induced hearing loss ("NIHL") does not progress after the noise exposure ends. The audiology advisor noted the hearing tests from 1983 - 2007 indicated NIHL in the worker's right ear, but with respect to the left ear, "Hearing thresholds were within normal limits in the 1983 to 1999, 2002 to 2007 assessments. As such, no NIHL (noise-induced hearing loss) or other permanent hearing loss was present at those times." The audiology advisor recommended the WCB provide a hearing aid for the worker's right ear, based on the January 6, 1986 hearing assessment.

On July 3, 2025, the WCB inquired of the worker about the asymmetric hearing loss. The worker advised the WCB they were right-handed and when performing some of their job duties, they were always facing their right side. On July 17, 2025, the WCB advised the worker that it accepted their claim for NIHL, and they are entitled to a hearing aid for their right ear.

On October 17, 2025, the worker requested Review Office reconsider the WCB's decision, submitting an August 6, 2025 report from the treating audiologist in support of their position. In that report, the treating audiologist noted a discrepancy between the average hearing loss values calculated based on the hearing assessment they conducted on March 26, 2025 and the values calculated by the WCB audiology advisor. The treating audiologist set out that the worker's hearing loss is symmetrical, and the worker would benefit from two hearing aids.

On December 18, 2025, Review Office determined the worker is not entitled to a hearing aid for their left ear. Review Office found that after the worker's retirement in 2007, they were not exposed to occupational noise and as such their NIHL due to workplace noise exposure would not worsen. For this reason, the audiometric test results from 2007 should be used, which indicated NIHL in the worker's right ear and normal hearing in the worker's left ear. As such, the worker is entitled to a hearing aid for their right ear but not for the left ear.

The worker filed an appeal with the Appeal Commission on February 9, 2026 and a file review was arranged.

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 compensation should be paid when a worker suffers personal injury by accident arising out of and in the course of employment. 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 (the "NIHL Policy") 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 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.

Worker's Position

The worker represented themself in the appeal. Their position, as set out in a letter dated February 8, 2026, attached to the Worker Appeal of Claims Decision form of the same date, is that the panel should not rely on the hearing assessment results from the workplace testing in 2007, as those test results cannot be verified as valid. Rather, the worker submits the panel should rely on the 2025 audiological assessment, conducted by a qualified audiologist, which indicates symmetrical, bilateral sensorineural hearing loss. The worker relies on the information provided in the 2025 reports from the treating audiologist as confirming their need for bilateral hearing aids to address their bilateral NIHL.

Employer's Position

The employer participated in the appeal, represented by its workers compensation coordinator. The employer's position is set out in a written submission dated April 28, 2026. The employer submits that the decision of Review Office should be upheld as the audiometric testing from 1983 through to 2007, during the worker's employment up to their retirement in 2007, indicate right hearing loss consistent with NIHL, but normal left hearing in the 2007 testing. The employer representative noted that the worker currently has NIHL in their left ear, but that hearing loss cannot be attributed to the worker's exposure to noise in the workplace, as it was not evident when the worker retired from that employment. As such, while the worker is entitled to a right ear hearing aid, they are not entitled to a left ear hearing aid as their left hearing loss developed after the worker left that job in 2007 and therefore cannot be the result of the workplace exposure to noise.

Analysis

The question the panel must determine in this appeal is whether the worker is entitled to a left hearing aid in relation to their left hearing loss. For the worker's appeal to succeed, the panel would have to determine that the need for a left hearing aid is related to the result of occupational exposure to noise. As detailed in the reasons that follow, the panel was not able to make such a finding and therefore, the worker's appeal is denied.

The panel considered that the provisions of the WCB Medical Aid Policy apply to the provision of a hearing aid, in relation to a compensable workplace injury. That policy requires that the need for a requested medical device be "the result of a compensable injury." The compensable injury, in this claim, is the worker's exposure to noxious noise in the course of their employment, above the minimum threshold as set out in the NIHL Policy. The WCB confirmed that this exposure occurred as outlined in the claim note of April 16, 2025.

The worker submitted the panel should not rely on the workplace hearing test results but rather should rely on the 2025 audiological findings which indicated bilateral and symmetrical NIHL. The panel noted that the workplace audiometric test results provided by the employer indicate that beginning as early as 1983, the worker had a noticeable difference in their right versus left hearing, with the right testing showing reduced hearing and the findings indicating "early loss". The WCB relied on these findings to establish that the worker had right ear NIHL when they retired from employment in 2007, related to their workplace exposure to noise, but also relied on these findings to establish that the worker's left ear hearing was within normal limits at that time.

The panel noted the 2025 findings and the resulting recommendation from the treating audiologist that the WCB provide the worker with bilateral hearing aids. We agree that the current findings indicate the worker has NIHL in both ears and requires two hearing aids; however, we cannot find, based on the evidence before us, that the worker's left hearing loss is a result of workplace exposure to noxious levels of noise, and therefore cannot find that the worker is entitled to a left hearing aid as a result of their workplace exposure to noise. The panel accepts and relies on the statement by the WCB audiology advisor of May 7, 2025 that "Hearing loss due to prior noise exposure does not begin or progress once noise exposure ends". The evidence confirms the worker left this employment as of August 4, 2007 and this means their workplace exposure to noise ended at that time, and any subsequent loss of hearing, even if noise-related, is not a result of the workplace exposure.

Based on the evidence before the panel, and applying the standard of a balance of probabilities, we are satisfied that the worker's left ear hearing loss is not causally related to their workplace exposure to noxious noise. Therefore, we find the need for a left hearing aid is not the result of a compensable injury and the worker is not entitled to a hearing aid for the left ear. The worker's appeal is denied.

Panel Members

K. Dyck, Presiding Officer
J. MacKay, Commissioner
S. Gordon, Commissioner

Recording Secretary, J. Lee

K. Dyck - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 14th day of May, 2026