Failure to Get Audiogram ≠ Grounds to Deny Workers? Comp for Hearing Loss

The Nova Scotia Court of Appeal said the WCB was wrong to deny a shipwright workers’ comp for noise-induced hearing loss because he didn’t follow the rule requiring workers to get an audiogram within 5 years of leaving the workplace. The WCB rule was unfair and not true to either the scheme or wording of the Workers’ Comp Act, the Court reasoned. The shipwright suffered hearing loss on the job and should get benefits [Surette v Nova Scotia (Workers’ Compensation Board), 2017 NSCA 81 (CanLII), Nov. 3, 2017].