CASE STUDY 7

Comment and Questions

Entered noise zone as worker on 12 Oct 1995
No baseline was performed by 16 November 2003 (employer’s negligence!)
10 Feb 2004: SC PLH=9,5 PBI=3,8
Is he compensatable with PBI >1,7?
Is the employee gaining or losing?

This employee started to work in noise in 1995. No baseline was performed prior to 16 November 2003. A screening audiogram was performed for the first time on 10 February 2004 (PLH =9,5 & PBI = 3,8). According to CI 171 the shift from baseline is 9,5 (because it is presumed that the baseline PLH was 0% on 16 November 2003). Therefore he is not compensatable. According to CI 168 the PBI=3,8 and therefore compensatable (>1,7). Unfortunately this instruction is not applicable on this employee, but only CI 171. Therefore the employee is loosing all the way! It is recommended to submit a special request to the Compensation Commissioner to review this case as an exception.