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Calbom & Schwab Personal Injury Claims

Worker's Compensation - L & I :: Occupational Disease Claims

Since shortly after I got out of high school, I have been working in one form or another of auto mechanics. For the last 11 years, I have been working in a detail tire shop. Over the last 3 or 4 years, friends and family have noticed that my hearing seems to be getting worse. My doctor had my hearing tested and sure enough, I have some hearing loss. Unfortunately, my doctor has no idea which of the several businesses that I worked for caused the hearing loss. What do I do now?

Hearing loss claims, if not due to a singular event, such as an explosion, often occur due to repetitive trauma to the ears caused by loud noises occurring day after day. Because of this, it is often difficult to decide or determine when and where the hearing loss first began.

Because of this difficulty, the Washington Supreme Court has determined that the employer to be held responsible for the hearing loss claims, and for that matter all occupational disease claims, is the employer.

Since I graduated from high school, I tried several different types of jobs. Over the last eight (8) years, I have worked at the same type of job. I worked for several different companies all producing vegetables or potatoes. Over the last three years, I have noticed increasing problems with aching in my arms and hands. Occasionally, I have had numbness and tingling. I have seen a doctor and he told me that I have "carpal tunnel". I now have to wear a brace on my right wrist. What should I do?

You should immediately talk to your doctor about filing an occupational disease claim for this condition, if your doctor believes it came about because of any repetitive use of your hands in your employment. If the doctor believes the condition arose because of distinctive physical requirements of your job, the claim should be allowed. The claim should be filed with the employer you are working for "when the condition first became disabling or required medical treatment".

After years of working in heavy construction, driving all sorts of heavy equipment, I was left with severe hearing loss. Recently I learned that I could file a claim for such hearing loss as an occupational disease. I have done so and my claim has been allowed. Now the Department tells me that they will not pay for the best hearing aids available. My audiologist has shown me the Department's bulletin announcing this policy. Is there anything I can do?

It is unfortunate that the Department of Labor and Industries has taken this stance. You are not alone. Currently the Department will not authorize payment for an In

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