- Tinnitus
- Consequences of injury (secondary condition)
The worker requested entitlement to benefits for tinnitus, secondary to his compensable injury on April 11, 1988, when a spark from another welder entered his ear.
The Vice-Chair allowed the appeal.The issue of whether the worker's tinnitus was caused by Noise-Induced Hearing Loss (NIHL) was not before the Vice-Chair in this appeal. Entitlement for NIHL was not accepted by the WSIB. The Vice-Chair considered whether the worker's tinnitus was caused directly by the 1988 accident, as a secondary condition from the 1988 accident injury to his left ear, or as a second accident resulting from treatment for a work-related condition. The worker had a traumatic injury to his left ear in 1988. The Tribunal's Medical Discussion Paper on "Hearing Loss and Tinnitus" states that trauma to the ear can be thermal (i.e. a welder's spark down the ear canal). The Vice-Chair examined whether there was compatibility between the diagnosis of tinnitus and the accident history. Dr. Robichaud opined that "it is reasonable to attribute [the worker's tinnitus] to that injury". Dr. Cescon also completed a Form 8 indicating the worker's tinnitus was caused by the 1988 injury. The Vice-Chair found, on a balance of probabilities, that the 1988 compensable left ear injury significantly contributed to the worker's left ear tinnitus.