Plaintiff's petition for review of a decision of the Benefits Review Board of the US Department of Labor, affirming an ALJ's decision that awarded hearing loss compensation to plaintiff under the Longshore and Harbor Workers' Compensation Act (LHWCA) based on an audiogram that did not comply with the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides), is granted and reversed because section 908(c)(13)(E) of the LHWCA mandates that hearing loss compensation be based on hearing loss determinations made in accordance with the AMA Guides.
Argued: September 22, 2009
Decided: October 29, 2009
Opinion by Judge Michael
For Appellant: Gregory Edward Camden, Montagna, Klein, Camden, LLP
For Appellee: Patrick Michael Brogan, Davey & Brogan PC.