3. Termination of the employer/employee relationship;
4. A layoff lasting longer than one year.
Pothitakis Law Firm was contacted by B.R. after his retirement based upon his belief that he has sustained an occupational hearing loss. The Pothitakis Law Firm investigated the matter and sent the Claimant to an expert who evaluated the occupational hearing loss. Upon confirming that there was a significant hearing loss, Pothitakis Law Firm filed an action before the Iowa Workers’ Compensation Commissioner seeking benefits. The Defendant insurance carrier and Iowa employer denied that the hearing loss was related to work and indicated that they would not pay more than a couple thousand dollars to resolve the claim. It was their position that the noise levels were not sufficient to cause a hearing loss.
The case proceeded through hearing and the Iowa Deputy Workers’ Compensation Commissioner determined that the Claimant had sustained a significant hearing loss entitling the Claimant in excess of $40,000, plus entitled to hearing aids or medical care necessitated because of the hearing loss.
The Defendants, unhappy with the Decision, have filed an appeal to the Iowa Workers’ Compensation Commissioner asking that the Decision be reversed.