During his thirty-seven years working for the employer, the employee suffered a gradual loss of hearing, especially at frequency levels of sound above 3000 hertz. Shortly after his retirement, he made a claim for workers’ compensation benefits. After hearing the proof, the trial court ultimately found that the AMA Guides did not cover hearing losses at the higher frequencies and awarded a 30% vocational disability,notonlyfor the anatomical impairment between 2000 and 3000 hertz but also for the impairment between 3000 and 4000 hertz. The employer appealed, asserting that the AMA Guides did not consider as an impairment hearing losses at levels higher than 3000 hertz and objecting to the method used by the employee’s physician to ascertain anatomical impairment above that level. Because the evidence clearly established a hearing impairment above 3000 hertz and there was evidentiary support for the trial court’s determination that expert testimony established an “appropriate” method for rating the impairment in a manner “used and accepted by the medical community,” the judgment is affirmed.
Case Number: W2013-01597-SC-WCO-WC
Originating Judge: Chancellor W. Michael Maloan
Case Name: Orville Lambdin v. Goodyear Tire & Rubber Company
Dissent or Concur: No
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