Question
We are trying to find the most recent formula for binaural hearing impairment to be used for workers comp cases. I want to make sure we have the most recent and I am having difficulty finding a good source to locate the current formula. I practice in Maryland. Do you have any ideas of where to obtain the formula or do you have the MDs formula?
Answer
The formula, as well as other aspects of workers compensation calculations, are generally governed by state law. Often, they are found within state administrative rules sections. For example, in Minnesota,[1] calculations and rules for disability in hearing loss include defined percentage of loss required, medical diagnosis, standards for audiometric calibration and test environments, waiting periods for hearing loss evaluation, procedure for determining disability of whole body due to hearing loss, and other standards for workers compensation claims.
[1] Department of Labor and Industry. Chapter 5223 Disability Schedules. Minnesota Rules (2003).
Bryan A. Liang, MD, PhD, JD is Professor and Director of the Institute of Health Law Studies, California Western School of Law and University of California San Diego School of Medicine, San Diego, CA. His research focus is on the interface of law, health care, and public policy, including ethics, fraud and abuse, and patient safety.