Supreme Court Affirms Disability Award For Employee With High-Frequency Hearing Loss

  • Thursday, January 29, 2015

The Tennessee Supreme Court has ruled that an employee is entitled to the full amount of workers’ compensation benefits awarded to him by a trial court.

In 2009, Orville Lambdin retired from Goodyear Tire & Rubber Company where he had worked as a tire builder for over 35 years. He later sought workers’ compensation benefits based upon his loss of hearing. At trial, Mr. Lambdin testified that he had difficulty hearing the television and car radio, that he could not hear normal conversations if he was surrounded by background noise, and that he experienced ringing in his ears. Expert medical testimony established that Mr. Lambdin’s hearing loss was caused by the noisy work environment at Goodyear.

The trial court initially awarded Lambdin 10% permanent partial disability benefits based upon a .9% anatomical impairment rating. After Mr. Lambdin asked the trial court to reconsider its ruling, the trial court increased the award to 30% disability benefits based upon a 20% impairment rating. The discrepancy in the two impairment ratings was a result of measuring Mr. Lambdin's hearing losses at different sound frequencies. Goodyear appealed, arguing that the trial court should not have considered evidence of the higher impairment rating as a basis for the increased award of benefits.

The Supreme Court affirmed the amended award for 30% disability benefits. The Court pointed out that the type of high-frequency, noise-induced hearing loss suffered by Lambdin was not covered by the American Medical Association’s Guides to the Evaluation of Permanent Impairment, but that expert testimony had established an appropriate alternative method for calculating such high-frequency losses. Because the evidence clearly supported the trial court’s findings that Lambdin suffered a hearing impairment and expert testimony established the higher rating, the Supreme Court ruled that the trial court had properly increased Mr. Lambdin’s award of benefits to 30% permanent partial disability.

To read the Orville Lambdin v. Goodyear Tire & Rubber Company opinion, authored by Justice Gary R. Wade, visit the opinions page of TNCourts.gov.

Latest Headlines
Business/Government
Rain Barrel Distribution Day Will Be May 4
  • 3/18/2024

The Chattanooga Stormwater Division announces its annual Rain Barrel Distribution Day will take place on Saturday, May 4, from 9 a.m.-1 p.m. at the Development Resource Center, 1250 Market St. ... more

February Tennessee Revenues Were Less Than Budget Estimates
  • 3/18/2024

Tennessee Department of Finance and Administration Commissioner Jim Bryson on Monday announced that February revenues were less than budgeted estimates. Overall February state revenues were $1.325 ... more

WCSO To Hold Awards And Recognition Ceremony March 20
  • 3/18/2024

The Walker County Sheriff’s Office will have an awards and recognition ceremony on Wednesday at 6:30 p.m. at the Walker County Civic Center, 10052 N. Highway 27 in Rock Spring. Civilian ... more