Wednesday, January 31, 2018

ALJ finds tinnitus claim timely when claim is filed after claimant's expert rated condition

Jimmie Holifield v Mississippi Lime Company
2018 MO WCLR LEXIS
Jan 18, 2018

ALJ Strange
Atty Meyers, Micherman
Experts:  Mason, Mikulec

Claimant alleges tinnitus for occupational exposure since the 1980s and filed a claim in 2015.

The ALJ notes that proof of tinnitus does not have to be established by a medical doctor instead of an audiologist. 

The ALJ rejected a notice and statute of limitations defense and the condition was not reasonably discoverable until 2015 when Dr. Mason diagnosed the condition as an occupational disease. 

The ALJ awarded 5% BAW for tinnitus.

The Commission affirmed without a separate opinion. 

The Commission in recent years has ruled on multiple claims of hearing loss and tinnitus with the same defendants, attorneys and experts with different results.