United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

R.A., Appellant 

and 

DEPARTMENT OF THE AIR FORCE, AIR 

MOBILITY COMMAND, RANDOLPH AIR 

FORCE BASE, TX, Employer 

__________________________________________ 

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Docket No. 15-138 

Issued: March 13, 2015 

Appearances: Case Submitted on the Record

David G. Jennings, Esq., for the appellant 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On October 24, 2014 appellant, through counsel, filed a timely appeal from a 

September 30, 2014 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 17 percent binaural hearing loss for 

which he received a schedule award. On appeal appellant’s counsel argues that appellant is 

entitled to an additional five percent impairment for tinnitus. 

 1

 5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY 

On January 16, 2012 appellant, then a 56-year-old heavy mobile equipment mechanic, 

filed an occupational disease claim (Form CA-2) alleging that he developed bilateral hearing loss 

as a result of high levels of employment-related noise exposure. He became aware of his 

condition and of its relationship to his employment on June 1, 1992. Appellant notified his 

supervisor on December 23, 2013. In support of his claim, he submitted a May 20, 2013 

audiogram. 

On June 14, 2014 appellant filed a claim for a schedule award (Form CA-7). 

OWCP referred appellant, together with a statement of accepted facts (SOAF), to 

Dr. William R. Lomax, a Board-certified otolaryngologist, for a second opinion evaluation.2

 The 

SOAF noted that appellant was employed as a heavy mobile equipment mechanic from 

January 1990 to the present where he was exposed to noise from various pneumatic tools, 

chipping, needle guns, grinding, and running engines. 

An audiogram was completed on July 28, 2014 which revealed the following decibel 

(dB) losses at 500, 1,000, 2,000, and 3,000 hertz (Hz): 20, 20, 40, and 65 for the right ear and 

15, 20, 45, and 65 for the left ear. Speech reception thresholds were 20 dB on the right and 20 

dB on the left, while auditory discrimination scores were 88 percent bilaterally. Dr. Lomax, on a 

form report provided to him by OWCP, reported that appellant complained of tinnitus and 

hearing problems getting gradually worse since 1990. He diagnosed bilateral neurosensory 

hearing loss consistent with acoustic trauma and presbycusis. Dr. Lomax further noted that 

appellant’s subjective tinnitus was secondary to the hearing loss. He stated that appellant’s 

workplace noise exposure was sufficient as to intensity and duration to have caused the loss in 

question. Dr. Lomax opined that appellant’s sensory neural hearing loss was caused by his 

federal employment-related noise exposure, noting that hearing loss due to presbycusis is 

calculated to be 10 dB at age 59. He stated that appellant had reached maximum medical 

improvement (MMI) and recommended hearing aids. 

Applying the standard provided by the sixth edition of the American Medical 

Association, Guides to the Evaluation of Permanent Impairment3

 (A.M.A., Guides) to the 

July 28, 2014 audiometric data, Dr. Lomax calculated that appellant sustained 17 percent 

monaural hearing impairment in the right ear and 17 percent monaural hearing impairment in the 

left ear. He calculated a binaural hearing impairment of 17 percent. On the form report, 

Dr. Lomax added five percent impairment for tinnitus, which impacted the ability to perform 

activities of daily living, for a total of 22 percent binaural hearing impairment (17 percent + 5 

percent for tinnitus). On the Form CA-1332 OWCP provided a location to add up to five percent 

for tinnitus, on the final calculation page but did not designate a location to expand upon the 

basis for such rating. 

 2

 The Board notes that by decisions dated June 4 and July 18, 2014, OWCP suspended adjudication of appellant’s 

case for failing to attend and obstructing an examination with Dr. Lomax. Subsequently, OWCP rescheduled 

appellant’s examination for July 28, 2014. 

3

 A.M.A., Guides (6th ed. 2009). 
3

On August 25, 2014 OWCP referred the case file to an OWCP district medical adviser 

(DMA) to determine the extent of appellant’s hearing loss and permanent impairment due to his 

employment-related noise exposure. 

On August 26, 2014 the DMA reviewed Dr. Lomax’s otologic examination report and 

agreed that appellant’s bilateral sensorineural hearing loss was due to occupational noise 

exposure. He applied the audiometric data to OWCP’s standard for evaluating hearing loss 

under the sixth edition of the A.M.A., Guides and determined that appellant sustained 17 percent 

binaural hearing loss.4

 The DMA averaged appellant’s left ear hearing levels of 15, 20, 45, and 

65 dB at 500, 1,000, 2,000, and 3,000 Hz, which totaled 36.25. He then subtracted a 25-dB 

fence and multiplied the balance of 11.25 by 1.5 to find 16.875 percent left ear monaural hearing 

loss. The DMA then averaged appellant’s right ear hearing levels of 20, 20, 40, and 65 dB at 

500, 1,000, 2,000, and 3,000 Hz, which totaled 36.25. After subtracting out a 25-dB fence, he 

multiplied the remaining 11.25 balance by 1.5 to calculate a 16.875 percent right ear monaural 

hearing loss. The DMA calculated 17 percent binaural hearing loss by multiplying the right ear 

loss of 16.875 percent by 5, adding the 16.875 percent left ear loss and dividing this sum by 6.5

 

No percentage was added for tinnitus. The DMA noted the date of MMI as July 28, 2014 and 

authorized hearing aids. 

By decision dated September 30, 2014, OWCP accepted appellant’s claim for bilateral 

sensorineural hearing loss. By decision dated September 30, 2014, it also granted appellant a 

schedule award for 17 percent binaural hearing loss. The award covered a period of 34 weeks 

from July 28 to September 20, 2014. 

LEGAL PRECEDENT 

The schedule award provision of FECA6 and its implementing regulations 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. FECA, however, does not 

specify the manner in which the percentage of loss of a member shall be determined. The 

method used in making such determination is a matter which rests in the sound discretion of 

OWCP. For consistent results and to ensure equal justice, the Board has authorized the use of a 

single set of tables so that there may be uniform standards applicable to all claimants. The 

A.M.A., Guides (6th ed. 2009), has been adopted by OWCP for evaluating schedule losses and 

the Board has concurred in such adoption.7

 4 Id. 

5

 The DMA calculated 16.875 percent binaural hearing loss which was rounded up to 17 percent. The Board notes 

that it is OWCP’s policy to round the calculated percentage of impairment to the nearest whole number. See L.B., 

Docket No. 14-479 (issued August 6, 2014); J.H., Docket No. 08-2432 (issued June 15, 2009); Robert E. Cullison, 

55 ECAB 570 (2004). See Federal (FECA) Procedure Manual, Part 3 -- Medical, Schedule Awards, Chapter 

3.700.4(b)(2)(b) (September 2010). 

6

 5 U.S.C. §§ 8101-8193. 

7 See R.D., 59 ECAB 127 (2007); Bernard Babcock, Jr., 52 ECAB 143 (2000). 
4

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

A.M.A., Guides. Using the frequencies of 500, 1,000, 2,000, and 3,000 cycles per second, the 

losses at each frequency are added up and averaged. Then, the fence of 25 dB is deducted 

because, as the A.M.A., Guides points out, losses below 25 dB result in no impairment in the 

ability to hear everyday speech under everyday conditions.8

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

standard for evaluating hearing loss.9

Regarding tinnitus, the A.M.A., Guides provide that tinnitus is not a disease but rather a 

symptom that may be the result of disease or injury.10 The A.M.A., Guides state that, if tinnitus 

interferes with activities of daily living, including sleep, reading (and other tasks requiring 

concentration), enjoyment of quiet recreation, and emotional well-being, up to five percent may 

be added to a measurable binaural hearing impairment.11

OWCP procedures provide that, after obtaining all necessary medical evidence, the file 

should be routed to OWCP’s medical adviser for an opinion concerning the nature and 

percentage of impairment in accordance with the A.M.A., Guides, with the medical adviser 

providing rationale for the percentage of impairment specified.12 OWCP may follow the advice 

of its medical adviser or consultant where he or she has properly utilized the A.M.A., Guides.

13

ANALYSIS 

OWCP accepted appellant’s claim for bilateral noise-induced hearing loss. The issue is 

whether appellant has more than a 17 percent binaural hearing loss for which he received a 

schedule award. The Board finds that the evidence of record establishes that he has a 22 percent 

binaural hearing loss.14

OWCP referred appellant, together with a statement of accepted facts, to Dr. Lomax, a 

Board-certified otolaryngologist, for a second opinion evaluation. An audiogram was completed 

on July 28, 2014 which revealed the following dB losses at 500, 1,000, 2,000, and 3,000 Hz: 20, 

 8 See A.M.A., Guides 250. 

9 See E.S., 59 ECAB 249 (2007); Donald Stockstad, 53 ECAB 301 (2002), petition for recon. granted (modifying 

prior decision), Docket No. 01-1570 (issued August 13, 2002). 

10 See A.M.A., Guides 249. 

11 Id. See also Robert E. Cullison, 55 ECAB 570 (2004); R.H., Docket No. 10-2139 (issued July 13, 2011). 

12 See Federal (FECA) Procedure Manual, Part 2 -- Claims, Schedule Awards and Permanent Disability Claims, 

Chapter 2.808.6(f) (February 2013). 

13 See Ronald J. Pavlik, 33 ECAB 1596 (1982). 

14 C.W., Docket No. 13-1168 (issued October 23, 2013). 
5

20, 40, and 65 for the right ear and 15, 20, 45, and 65 for the left ear. Speech reception 

thresholds were 20 dB on the right and 20 dB on the left, while auditory discrimination scores 

were 88 percent bilaterally. Dr. Lomax reported that appellant complained of years of hearing 

loss and tinnitus. He diagnosed bilateral neurosensory hearing loss and tinnitus, noting that 

appellant’s subjective tinnitus was secondary to the hearing loss. Dr. Lomax opined that 

appellant’s workplace noise exposure caused his bilateral neurosensory hearing loss. 

Applying the June 28, 2014 audiometric data and using the sixth edition of the A.M.A., 

Guides, Dr. Lomax calculated that appellant sustained 17 percent monaural hearing impairment 

in the right ear and 17 percent monaural hearing impairment in the left ear. He calculated a 

binaural hearing impairment of 17 percent and added 5 percent for tinnitus, for a total of 22 

percent binaural hearing impairment (17 percent + 5 percent for tinnitus).15 Dr. Lomax stated 

that maximum medical improvement had been reached and recommended hearing aids. 

OWCP then referred the medical evidence to an OWCP DMA, for a rating of permanent 

impairment in accordance with the A.M.A., Guides.

16 The DMA opined that appellant had a 17 

percent binaural hearing loss under the sixth edition of the A.M.A., Guides based on the results 

of the June 28, 2014 audiogram and Dr. Lomax’s second opinion report. He did not offer any 

opinion on appellant’s diagnosed tinnitus.17

The Board finds that Dr. Lomax, the second opinion physician, properly evaluated 

appellant’s hearing loss. Using the June 28, 2014 audiogram to calculate appellant’s hearing loss 

in accordance with the A.M.A., Guides, Dr. Lomax averaged appellant’s left ear hearing levels 

of 15, 20, 45, and 65 dB at 500, 1,000, 2,000 and 3,000 Hz, which totaled 36.25. He then 

subtracted a 25-dB fence and multiplied the balance of 11.25 by 1.5 to find 16.875 percent left 

ear monaural hearing loss. Appellant’s right ear hearing levels of 20, 20, 40, and 65 dB at 500, 

1,000, 2,000, and 3,000 Hz, were then averaged to total 36.25. After subtracting out a 25-dB 

fence, he multiplied the remaining 11.25 balance by 1.5 to calculate a 16.875 percent right ear 

monaural hearing loss. He then calculated 17 percent binaural hearing loss by multiplying the 

right ear loss of 16.875 percent by 5, adding the 16.875 percent left ear loss and dividing this 

sum by 6.18 

Dr. Lomax determined that appellant’s tinnitus allowed another five percent award as 

permitted by the A.M.A., Guides. In a factually similar case, C.W.,19 Dr. Lomax was also the 

second opinion physician and opined summarily that a five percent award should be allowed for 

tinnitus as it impacted appellant’s ability to perform activities of daily living. As in the present 

case, the DMA in C.W. offered no opinion regarding tinnitus. The Board found that appellant 

 15 Supra note 10. 

16 See Hildred I. Lloyd, 42 ECAB 944 (1991). 

17 Supra note 14. 

18 Supra note 10. 

19 Supra, note 14. 
6

was entitled to the additional five percent award for tinnitus. As in C.W., the Board will grant 

appellant another five percent impairment for tinnitus. 

Dr. Lomax determined that appellant sustained 22 percent binaural hearing loss. The 

Board finds that he properly evaluated the evidence of record. Dr. Lomax’s report is entitled to 

the weight of the medical evidence.20

CONCLUSION 

The Board finds that appellant has established that he has a 22 percent permanent 

bilateral hearing loss. 

ORDER 

IT IS HEREBY ORDERED THAT the September 30, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed, as modified. 

Issued: March 13, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board 

 20 Supra note 14.