Kenny Felton vs. Northrop Grumman Shipyards, Inc., ALJ Kennington

http://www.oalj.dol.gov/Decisions/ALJ/LHC/2011/FELTON_KENNY_v_NORTHROP_GRUMMAN_SHI_2011LHC01043_(MAY_22_2012)_110950_CADEC_SD.PDF

ALJ Kennington interprets and applies AMA Guides tennitus provisions

Excerpts..

Claimant contends that, based on the findings of his treating audiologist, he is entitled to
compensation for 15.3% binaural impairment and an additional 4% impairment due to the
severity of his tinnitus. In support of this claim, Claimant argues that the tests, reports, and
testimony of Mr. Bode clearly establish an overall all impairment of 19.3% and that this
determination is supported by both subjective and objective evidence. Accordingly, Claimant
asserts that the tests and report of Dr. Seidemann must be disregarded and greater weight given
to the findings of Mr. Bode.

Employer argues that, according to testing done by Dr. Seidemann and AMA Guidelines,
Claimant’s binaural hearing impairment is 5.6%. Further, since Claimant only experiences
intermittent tinnitus, it is not pathological and therefore not compensable. Employer contends
that Claimant has failed to offer proof as to the causal relationship between his intermittent
tinnitus and employment. Additionally, Claimant’s perceived tinnitus does not meet the
conditions set forth in the AMA Guidelines to warrant assignment of an additional impairment.
Employer asserts that Claimant has been voluntarily compensated for 10.5% impairment and that
Employer has paid for hearing aids recommended by Claimant’s audiologist. Accordingly,
Employer argues that Claimant should be entitled to no additional benefits.
....

Mr. Bode’s pure tone threshold audiogram yielded a binaural impairment of 19.3% when
episodic tinnitus was added to his results. Dr. Seidemann found a 5.6% binaural loss with no
reported tinnitus. The AMA Guidelines allow additional percentages for tinnitus, if the tinnitus
condition impairs or interferes with the patient’s hearing or daily living. The instant record does
not support such a finding since Claimant did not report sleep disturbance or tiredness because of
his intermittent tinnitus to Mr. Bode, or an inability to enjoy social activities. Further, Claimant
testified that his hearing loss and not the tinnitus has been the cause of changes in his life.
Accordingly, I find Claimant is not entitled to any additional loss percentage for his tinnitus
condition.