WCAB

BACKGROUND

Michael Borman sustained continuous trauma injury to his ears (hearing loss), bilateral upper extremities, neck and head during the year prior to his last day at work for Acme as a steelworker on October 16, 2003. Borman was examined by three different Agreed Medical Examiners (AME), namely, Dr. John Devor (general orthopedics); Dr. Robert Ansel (neurology) and Dr. David Schindler (hearing loss). In his July 2004 report, AME Dr. Schindler apportioned hearing loss based on both non-industrial,

1 Further statutory references are to the Labor Code unless otherwise stated. degenerative causes and prior injury, opining that Borman‘s 100 percent ―binaural neurosensory hearing loss‖ was 60 percent due to ―occupational factors, specifically noise induced hearing loss. Approximately 40 percent of Mr. Borman‘s hearing loss is the result of non-occupational factors, particularly cochlear degeneration.‖ Dr. Schindler based this opinion on his proposed etiology of the hearing loss, stating that ―The high- frequency progressive hearing loss is consistent with acouso-trauma of noise exposure as described both by Dr. Manace and the patient. The low frequency hearing loss seen at the…