Abstract
The lecture will focus on the current state of hearing loss claims in the workplace. The discussion will include the prevalence of hearing loss claims in heavy industry, the factors influencing the volume of claims including the influence of unions and organized labor, the feeling that these claims yield easy money, and the effect of the depressed economy. Information will be given regarding the cost factor of these claims to the employer and industry. The lecture will include an overview of the Longshore & Harbor Workers' Compensation Act (LHWCA) and certain portions of that law which play a strong part in the resolution of hearing loss claims including the last injurious exposure rule, the no apportionment rule, the effect of advancing age and/or retired workers on hearing loss claims, and the virtual elimination of the defenses of the statute of limitations and notice. Parallel comparison will be made to state workers' compensation acts focusing primarily on the State of Maryland. A review of the many factors which favor the claimant's position in hearing loss cases will be discussed. In addition, the lecture will review various legal tactics and theories used in defending hearing loss claims including some recent decisions under the Longshore & Harbor Workers Compensation Act which affect and may ultimately change defense tactics.
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