IF MY EMPLOYER CHALLENGES MY HEARING LOSS CLAIM, HOW DO I PROVE IT UNDER THE DEFENSE BASE ACT AND LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (LHWCA)?

Video Transcription

Under the Defense Base Act and Longshore Act, you first need to seek treatment with a licensed audiologist or ENT. You need an audiogram showing that you have a loss, and once you provide that you have a presumption of having a hearing loss.

Now, if the employer challenges it with a contrary medical opinion, you need to file a claim with the Department of Labor, request an informal conference, and potentially after that, file an LS18 and have your claim referred to the Administrative Law of Judges.