United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

S.S., Appellant 

and 

DEPARTMENT OF THE AIR FORCE, 

TINKER AIR FORCE BASE, OK, Employer 

__________________________________________ 

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Docket No. 15-1470 

Issued: October 9, 2015 

Appearances: Case Submitted on the Record

David G. Jennings, Esq., for the appellant 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

VALERIE D. EVANS-HARRELL, Alternate Judge 

JURISDICTION 

On June 29, 2015 appellant, through counsel, filed a timely appeal from a June 10, 2015 

merit decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the 

Federal Employees’ Compensation Act1

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board 

has jurisdiction over the merits of this case. 

ISSUE 

The issue is whether appellant sustained more than 6.6 percent binaural hearing loss, for 

which she received a schedule award. 

FACTUAL HISTORY 

On October 3, 2014 appellant, then a 55-year-old production controller, filed an 

occupational disease claim (Form CA-2) alleging hearing loss caused by high levels of noise 

exposure in her employment. She stated that the noise exposure continued until her retirement 

 1

 5 U.S.C. § 8101 et seq. 
2

on November 30, 2013. Appellant became aware of her condition and of its relationship to her 

employment on January 1, 1989. 

By letter dated November 21, 2014, appellant, through counsel, responded to a hearing 

loss questionnaire and submitted audiograms administered while she still worked for the 

employing establishment. 

In a statement of accepted facts dated April 9, 2015, OWCP listed the jobs held by 

appellant during her time with the employing establishment. Appellant worked as a transcriber 

from 1979 through 1980 and as a supply clerk and technician in 1980, where she was exposed to 

the noise of key punches. She was an aircraft engine mechanic from 1980 through 1981 and was 

exposed to industrial and engine noise. Appellant was provided earplugs as hearing protection. 

She worked as a material handler, a supply clerk, and a production controller from 1981 through 

her retirement, and was exposed to the same industrial noises and was continued to be provided 

with earplugs. Appellant reported that she had no hobbies involving loud noises. 

OWCP referred appellant to Dr. Richard B. Dawson, a Board-certified otolaryngologist, 

for a second opinion evaluation. In a May 5, 2015 report, Dr. Dawson diagnosed bilateral 

otosclerosis along with high tone sensorineural hearing loss. He opined that appellant’s hearing 

loss was a mixed hearing loss and in excess of what would be expected due to presbycusis. 

Dr. Dawson noted that noise exposure in appellant’s federal employment was sufficient to cause 

hearing loss. Audiometric testing at the frequency levels of 500, 1,000, 2,000, and 3,000 cycles 

per second revealed the following: left ear decibel losses of 55, 45, 50, and 55 decibels; decibel 

losses right ear of: 35, 5, 25, and 35 decibels. Dr. Dawson calculated that appellant had a 0 

percent monaural right hearing impairment and a 39 percent monaural left hearing impairment, 

for a combined 7 percent binaural hearing loss. He recommended that appellant wear a hearing 

aid. 

OWCP forwarded Dr. Dawson’s report to a district medical adviser for review on 

May 19, 2015. In a May 20, 2015 report, the medical adviser concluded that, under the sixth 

edition of the A.M.A., Guides, appellant had a binaural hearing loss of 6.6 percent. He explained 

that for the left ear the decibel losses of 55, 45, 50, and 55 totaled 205 decibels. The medical 

adviser divided 205 by 4, to reach 51.25 decibels, less the fence of 25 decibes, resulted in a 

balance of 26.25. The balance of 26.25 multiplied by 1.5 equaled a 39.375 percentage hearing 

loss of the left ear. Applying this same formula to the right ear, the decibel losses of 35, 5, 25, 

and 35 totaled 100 decibels. The medical adviser divided 100 by 4 to reach 25, less the fence of 

25 left a balance of 0. He then calculated the binaural loss by multiplying the lesser right ear loss 

of 0 by 5, then added the greater left ear loss of 39.375, and divided by 6 to equal 6.6 percent 

binaural loss. 

The medical adviser agreed that hearing aids should be authorized. 

By decision dated May 19, 2015, OWCP accepted appellant’s claim for bilateral hearing 

loss. This decision also noted that the evidence of record established that appellant would 

benefit from hearing aids. On June 10, 2015 OWCP issued a schedule award for 6.6 percent 

binaural hearing impairment. It based its decision on the medical findings and reports of 
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Dr. Dawson and its medical adviser. The period of the award was for 14 weeks from May 5 

to 30, 2015. 

LEGAL PRECEDENT 

The schedule award provision of FECA2

 and its implementing regulations3 set forth the 

number of weeks of compensation payable to employees sustaining permanent impairment from 

loss or loss of use, of scheduled members or functions of the body. However, FECA does not 

specify the manner in which the percentage of loss shall be determined. For consistent results 

and to ensure equal justice under the law to all claimants, good administrative practice 

necessitates the use of a single set of tables so that there may be uniform standards applicable to 

all claimants.4 The A.M.A., Guides have been adopted by the implementing regulations as the 

appropriate standard for evaluating schedule losses.5

OWCP evaluates industrial hearing loss in accordance with the standards contained in the 

A.M.A., Guides.

6

 Using the frequencies of 500, 1,000, 2,000, and 3,000 hertz (Hz), the losses at 

each frequency are added up and averaged. Then, the fence of 25 decibels is deducted because, 

as the A.M.A., Guides point out, losses below 25 decibels result in no impairment in the ability 

to hear everyday speech under everyday conditions. The remaining amount is multiplied by a 

factor of 1.5 to arrive at the percentage of monaural hearing loss. The binaural loss is 

determined by calculating the loss in each ear using the formula for monaural loss; the lesser loss 

is multiplied by five, then added to the greater loss and the total is divided by six to arrive at the 

amount of binaural hearing loss. The Board has concurred in OWCP’s adoption of this standard 

for evaluating hearing loss.7

ANALYSIS 

The Board finds that appellant is entitled to a greater award. 

Appellant’s claim of occupational hearing loss was accepted by OWCP based on the 

report of Dr. Dawson. Test results at the frequency levels of 500, 1,000, 2,000, and 3,000 cycles 

per second revealed the following: left ear decibel losses of 55, 45, 50, and 55 decibels; right ear 

decibel losses of 35, 5, 25, and 35 decibels. Dr. Dawson properly calculated that appellant had a 

0 percent monaural right hearing impairment and a 39 percent monaural left hearing impairment, 

for a combined 7 percent binaural hearing loss. The medical adviser agreed with Dr. Dawson’s 

report, explained the calculations and concluded that, in accordance with the sixth edition of the 

A.M.A., Guides, appellant had a binaural hearing loss of only 6.6 percent. 

 2 Id. at § 8107. 

3

 20 C.F.R. § 10.404. 

4 See D.K., Docket No. 10-174 (issued July 2, 2010); Michael S. Mina, 57 ECAB 379, 385 (2006). 

5 Supra note 3; see F.D., Docket No. 09-1346 (issued July 19, 2010). 

6 See A.M.A., Guides 250 (6th ed., 2009). 

7 J.H., Docket No. 08-2432 (issued June 15, 2009); J.B., Docket No. 08-1735 (issued January 27, 2009). 
4

The Board notes initially that it is the policy of OWCP to round the calculated percentage 

of impairment to the nearest whole point.8

 Appellant’s binaural hearing loss should therefore 

have been rounded up to seven percent binaural impairment. 

Furthermore, it is also well established that, if calculations based on the monaural hearing 

loss result in greater compensation, then the monaural hearing loss calculation should be used.9

 

Under FECA, the maximum award for binaural hearing loss is 200 weeks of compensation.10 

The maximum number of weeks of compensation for hearing loss in one ear is 52 weeks.11 As 

appellant’s binaural loss is seven percent, 200 weeks multiplied by seven percent equals 14 

weeks of compensation. Her left ear monaural loss of 39 percent, when multiplied by 52 weeks 

equals 20.28 weeks of compensation. Since the monaural loss results in a greater number weeks, 

OWCP erred in calculating appellant’s schedule award based upon her bilateral hearing 

impairment. Appellant’s schedule award should have been based upon her left-ear (monaural) 

hearing impairment. 

As such, the Board modifies the June 10, 2015 schedule award decision to reflect a 39 

percent monaural, left tear, loss of hearing. 

CONCLUSION 

The Board finds that appellant is entitled to a greater schedule award for 39 percent left 

ear, monaural hearing impairment. 

 8 See Robert E. Cullison, 55 ECAB 570 (2004); Federal (FECA) Procedure Manual, Part 3 -- Medical, Schedule 

Awards, Chapter 3.700.3(b) (January 2010). 

9 See C.C., Docket No. 11-826 (issued October 13, 2011). 

10 5 U.S.C. § 8107(c)(13)(b). 

11 Id. at § 8107(c)(13)(a). 
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ORDER 

IT IS HEREBY ORDERED THAT the June 10, 2015 decision of the Office of 

Workers’ Compensation Programs is affirmed, as modified. 

Issued: October 9, 2015 

Washington, DC 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 Valerie D. Evans-Harrell, Alternate Judge 

 Employees’ Compensation Appeals Board