Hearing Loss Defense
Mouledoux, Bland, Legrand & Brackett (MBLB) has decades of experience in hearing loss defense, defending claims for Employers and Carriers under both state and federal statutory schemes.
Over 1,500 hearing loss claims are filed with the U.S. Department of Labor every year under the LHWCA and its extensions, including the Defense Base Act (DBA). Hearing loss claims can be difficult to defend, as the LHWCA presumes causal relationship if the Section 20(a) presumption is triggered. However, to be compensable, Claimants must ensure an audiologic evaluation complies with the AMA Guides to the Evaluation of Permanent Impairment, which contain specific requirements to verify the evaluation of hearing losses. To reduce exposure for hearing loss claims, Employers and Carriers should have experienced defense counsel carefully evaluate the claimed impairment and verify audiologic evidence in order to reduce exposure for these prolific claims.
Our hearing loss defense attorneys have this experience. We have handled LHWCA claims at all levels, including the representation of Employers and Carriers before the Office of Workers’ Compensation, the Office of Administrative Law Judges, the Benefits Review Board, the United States Circuit Courts of Appeals and the United States Supreme Court.
The Louisiana Workers’ Compensation Act has different standards than the LHWCA. Under the LWCA, either traumatic or occupational hearing loss entitles a worker to medical benefits, but indemnity benefits are limited to certain specific circumstances. To be entitled to permanent partial disability benefits under the state act, a permanent hearing loss must be “solely due to a single traumatic accident.” MBLB has handled state hearing loss claims at every level of the litigation process, including mediation and trial at the Office of Workers’ Compensation Administration and through all appellate levels, paying particular attention to involving both employers and their insurers in the defense process.
Our Approach to Claims
MBLB’s hearing loss defense team prides itself in achieving cost effective resolution of hearing loss claims. We understand the nuances of the law, which allows us to tailor our representation of each client to that client’s specific objectives. We are attuned to the defense litigation process, which allows us to recognize when aggressive litigation is necessary, and also when favorable results can be achieved more practically.