LaCroix v. New England Group Maremont Corp.
LaCroix v. New England Group Maremont Corp.
Opinion of the Court
Louis A. LaCroix’s Petition for Award of Compensation for loss of hearing under The Occupational Disease Law, 39 M.R.S.A. §§ 181-195, was denied by the Workers’ Compensation Commission. From a pro forma decree affirming that denial LaCroix brings this appeal. We affirm the judgment below.
After forty years employment with New England Group Maremont Corporation (Maremont), LaCroix retired at age 62 on September 30, 1977. During his last thirty-seven years with Maremont he worked with automatic screw machines, mainly as a rig-up man. The automatic screw machines were located in one area in Maremont’s plant.
Since 1973 Maremont has measured the noise level in the automatic screw machine area at least annually, and the noise levels in the plant have been measured for compliance with standards set pursuant to the Occupational Safety and Health Act (OSHA). The maximum allowable noise level under OSHA standards for employees exposed for eight hours daily is ninety decibels. This level is related to the level at which irreparable ear damage occurs. While other areas in Maremont’s plant have been cited for exceeding OSHA noise level standards, the automatic screw machine area has never been so cited.
Rene Paquette, who worked in the automatic screw machine area at Maremont for thirty-eight years, testified that there was not much difference in the noise level there between the past few years and earlier times. LaCroix testified that in his experience the only attempt made to lessen the noise level in the area was ineffective. La-Croix introduced no evidence of actual noise level measurements performed at Mare-mont; he relied upon surveys indicating that sound levels of ninety decibels or higher were commonly found in automatic screw machine areas, and upon subjective employee descriptions of the noise level at Maremont.
That’s an estimate — there have been tests that have been done and, in fact, that is the decibel level of this machine, but I think one could estimate what it would be approximately from comparing it to other sources of noise that you encounter, such as shipyards and so forth. If it had been much louder, it would be impossible for anyone to work in it, because of pain to the ears; and, if it was much less, it wouldn’t have any effect on the hearing mechanism, so this is the ball park of loud noise.
LaCroix introduced into evidence a section of a learned treatise stating that “[i]f the highest frequencies are at a more normal hearing level than the lower ones, the cause [of the hearing loss] is not likely to be presbycusis .... ” Two of the hearing examinations conducted on LaCroix, including Dr. Adams’ examination, indicate that La-Croix’s hearing in one or both ears is closer to normal levels at the higher frequency of 8,000 hertz than at the lower frequencies of 6,000 or 4,000 hertz (that is, LaCroix is able to hear certain high frequency sounds better than he can hear certain lower frequency sounds).
The Commissioner found that La-Croix failed to meet his burden of proving a causal connection between his hearing loss and his work experience, i.e., the hearing loss was not proven to have arisen out of LaCroix’s employment.
In the instant case, Dr. Adams’ opinion that LaCroix’s hearing loss was in part caused by conditions of his employment was based upon the assumption that LaCroix was routinely exposed to noise levels of ninety to one hundred decibels. Dr. Adams noted that exposure to lower noise levels would not have any effect on the hearing mechanism, and there was evidence that the OSHA standard of ninety decibels was re
Based upon the results of the hearing examinations alone, Dr. Adams testified that it would be impossible to say whether LaCroix’s hearing loss was occupationally induced or merely a normal loss due to aging. Especially in light of our discussion above, this evidence supports the Commissioner’s conclusion that LaCroix failed to prove a causal connection between his hearing loss and his employment at Maremont. While a learned treatise supports LaCroix’s position with regard to the results of the hearing examinations, the Commissioner was entitled to find Dr. Adams’ expert medical testimony to be more persuasive. See Leo v. American Hoist & Derrick Co., Me., 438 A.2d 917, 920-921 (1981).
The entry is:
Judgment affirmed.
It is ordered that the employer pay to the employee an allowance of $550.00 for his counsel fees, plus his reasonable out-of-pocket expenses for this appeal.
All concurring.
. Title 39 M.R.S.A. § 193 provides rules for determining eligibility for compensation “[i]n case of loss of hearing resulting from occupational disease Section 193(1) defines “occupational hearing loss” as “a sensorineural loss of hearing in one or both ears due to prolonged exposure to injurious noise in employment.” (Emphasis added). Title 39 M.R. S.A. § 183 defines “occupational disease” in part as a disease which arises out of employment. Thus, it is clear that a hearing loss is compensable only if conditions of employment are at least one factor contributing causally to the loss. See Brawn v. St. Regis Paper Co., Me., 430 A.2d 843, 845 (1981).
. We do not intend to intimate that proof of a ninety-decibel noise level was necessary in order for LaCroix to prevail. We point to that failure of proof as justification for the Commissioner’s rejection of Dr. Adams’ opinion testimony. Cf. In re Estate of Bedwell, 104 Ariz. 443, 445, 454 P.2d 985, 987 (1969).
Reference
- Full Case Name
- Louis A. LaCROIX v. NEW ENGLAND GROUP MAREMONT CORPORATION
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- 2 cases
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- Published