Hearing Loss Challenge Misconceived

In Pyoplot Pty Limited trading as Commercial Hotel v Garry Muller [2015] NSW WCC MA 11 a Medical Appeal Panel rejected an Appeal from a hearing loss assessment based on the Approved Medical Specialist’s failure to consider whether frequencies at 500, 1000 and 1500 Hz should be included in an assessment.

The Panel considered that whether to include the frequencies at lower levels is appropriate for cases of gradual hearing loss accrued over a period of time, whereas the hearing loss which was the subject of the assessment was caused by a traumatic gas explosion.  The Panel stated:-

“There was minimal other noise exposure in employment, and the AMS explains how this means there is no applicable deduction for pre-existing damage.  An explosion can affect all frequencies given the general damage to the cochlea”.

In the circumstances, the Panel considered that the Appellant’s submissions were misconceived.  The Medical Assessment Certificate was confirmed.