ABSTRACT
Case-Functions of Claimant’s Attorney 884
1.1. Hearing Loss Cases-Interview of Client 884
1.2. The Injury and Its Work Connection 885
1.3. Presentation of Claimant’s Medical Evidence 885
1.4. Points on Rebuttal on Behalf of the Claimant 886
2. Preparation and Presentation of the Defense 886
2.1. Investigation of the Work Site 886
2.2. Investigations of Relevant Matters to Aid in Defense 886
2.3. Points for Medical Investigations 887
2.4. Defense Trial Preparation 887
2.5. Presenting the Defense 887
3. Adjudicator’s Point of View 888
3.1. Preparing Your Case 888
3.2. Tools to Aid Preparation and Presentation 889
3.3. Questions of Proof of Medical Evidence 889
3.4. Additional Factors to Be Considered in Hearing Impairment 891
3.5. General Suggestions to Trial Attorneys 891
One of the most important aspects in the proof and defense of occupational hearing loss
claims is the medical evidence factor. The proper presentation of medical evidence in
workers’ compensation is a highly developed art, making great demands on the skill
and ability of the legal practitioner. This is especially true in loss-of-hearing cases
because of the following serious problems:
1. Was a claimant’s hearing loss of occupational origin or one that would probably
occur in most persons because of advancing age?
