Hearing aid personal injury claim Impairment Lawyer Sydney

Assessment of Degree of Permanent Impairment – Hearing

Our client was a Teacher (In the Industrial Arts) and was exposed to loud noise over a period of time in the workplace contributing to a gradual and progressive hearing loss.

With industrial tools such as routers, thicknessers, dust extraction systems and circular saws, our client was exposed to such noises which contributed to his industrial deafness.

He was supplied ear protection for approximately 15 years when in noisy situations and had no family history of deafness, or ear disease.

Additionally, he had no ‘noisy’ hobbies or amusements sufficient to cause material noise exposure.

He suffered gradual, progressive and bilateral hearing impairment for approximately 10 years.

Socially, our client claimed he had difficulty understanding conversation in the presence of background noises.

The insurer denied his claim for Hearing Aids – so he contacted the team at Walker Law Group for a swift win and suitable resolution.

It was found that he indeed suffered Noise Induced Hearing Loss in the treble frequencies.

What is a Medical Assessment Certificate?

The Personal Injury Commission issues a Medical Assessment Certificate, often called an “Assessment of Degree of Permanent Impairment”.

Personal Injury Commission Degree of Permanent Impairment

In this document, a qualified Medical Assessor in the Speciality relating to the injury will fill out a number of checks.

  1. Details of Matters Referred for Assessment

    In this case, it was determining if Hearing Aids were reasonably necessary for the Noise Induced Hearing Loss.

  2. Evidence – Documentary Evidence

    Any documents or imaging or scans that may be relevant

  3. Worker’s Details

    For example, Date of examination, Date of Injury, Occupation

  4. History Relating to the Injury

    What has caused this injury and what may have also contributed that may be related.  

  5. Findings on Physical Examination

    This is usually specific medical findings as a result of the medical assessment.

  6. Details and Dates of Special Investigations

    Specifics on tests & exams relating to the injury

  7. Summary

    Summary of injuries and diagnoses

  8. Evaluation of Permanent Impairment

    Assessment of Impairment and / or Whole Personal Impairment (WPI)

  9. The Facts on which the Assessment is Based

    Reiteration of the evidence that has been presented and the clinical assessments

  10. Reasons for Assessment

    Is the opinion and assessment of whole person impairment by the clinical assessor.  Do they certify that the impairment is permanent and that the degree of permanent impairment is fully ascertainable?

  11. Deduction (if any) for the proportion of the impairment that is due to previous injury or pre-existing condition or abnormality.

  12. Answers to specific Questions

    In this case, “Hearing aids*” are not ‘reasonably necessary’ as a result of the compensable injury.



Certificate of Determination – Consent Orders

Certificate of Determination Consent Orders Personal Injury

We received a Certificate of Determination – Consent Order from the Personal Injury Commission saying that The Respondent agrees to pay reasonably necessary medical treatment under section 60 of the Workers Compensation Act 1987, being the cost for the fitting and supply of hearing aids in accordance with the Workers Compensation (Hearing Aid Fees) Order 2022.

Testimonial from our Happy Client: –

Dear Steve, Ruby, and Olivia

I am very happy to hear the good news about my hearing claim and wanted to take the time to thank you all for your hard work during the claim. I am glad there are firms like yours that fight for the small people and give people hope. Once again, my family and I thank you for your skills and the hard work you did to make my claim a success.

Regards Craig


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