If my employer challenges my hearing loss claim, how do I prove it under the Defense Base Act (DBA) and Longshore and Harbor Workers’ Compensation Act (LHWCA)?

Video Transcription:

Under the Defense Base Act and Longshore Act, you first need to seek treatment with a licensed audiologist or ENT. You need an audiogram showing that you have a loss, and once you provide that you have a presumption of having a hearing loss.

Now, if the employer challenges it with a contrary medical opinion, you need to file a claim with the Department of Labor, request an informal conference, and potentially after that, file an LS18 and have your claim referred to the Administrative Law of Judges.