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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 1494 16
6/29/2016
Z. Onen

  • Hearing loss (asymmetrical)
  • Permanent impairment {NEL} (degree of impairment) (hearing loss)

The worker appealed a decision of the Appeals Resolution Officer confirming a 3% NEL award for noise-induced hearing loss. The worker had asymmetrical hearing loss. There was no evidence to indicating that the worker's exposure was asymmetrical. Further, the hearing loss in one ear was inconsistent with expected patterns. The Board had granted entitlement for noise-induced hearing loss. However, the hearing loss in the left ear was mixed, not purely sensironeural, and therefore likely due in part to other, unknown causes. The Board correctly based the NEL award by assuming the compensable loss in the left ear to be the same as that in the right ear. The appeal was dismissed.