Court: Wisconsin Supreme Court; January 5, 1960; Wisconsin; State Supreme Court
The plaintiff initiated this action to contest an order from the Industrial Commission, alleging it acted beyond its authority by applying an administrative rule that discriminates against hearing disabilities. The plaintiff contends that the rule treats hearing loss differently than permitted by law, infringing on due process and equal protection rights. The defendants, Ladish Company and Liberty Mutual Insurance Company, refuted these claims, asserting that the commission did not exceed its powers and that its findings were supported by evidence. They maintained that the administrative rule, which reduces hearing loss awards by 0.5% per year starting at age fifty, complies with legal standards, and does not unfairly differentiate between disabilities.
At retirement, the plaintiff was 64 years old and had experienced industrial hearing loss due to high noise levels in his workplace. Audiometric tests conducted by both parties’ experts revealed significant decibel losses in both ears. The Industrial Commission used the best audiometric readings to determine compensable hearing loss percentages, which did not account for age-related hearing loss (presbycusis). The applicable administrative rule, 3 Wis. Adm. Code, sec. Ind 80.25, allows for deductions based on age and non-occupational hearing loss, and was informed by a medical subcommittee consisting of specialists in the field. The central issue revolves around whether the age-related deductions under this rule conflict with statutory requirements for indemnity reductions for employees over fifty years old. The rule incorporates the subcommittee's recommendations for addressing hearing loss in workers’ compensation claims, acknowledging the impact of aging on hearing capabilities.
The document outlines the provisions for calculating indemnity and compensation related to both scheduled and nonscheduled injuries, particularly focusing on age-related reductions. Specifically, it states that for employees over fifty, indemnity for scheduled injuries decreases by 2.5% per year over age fifty, capped at a 50% reduction. For nonscheduled injuries, a similar effect is noted under Sec. 102.44 (3) b. The compensation for occupational deafness is also subject to these age-related deductions.
The document cites the Moen v. Industrial Comm. case where the commission utilized a methodology based on a committee of the American Medical Association to assess visual efficiency for workmen's compensation, involving three factors: central vision acuity, field vision, and binocular vision, to determine overall efficiency. The court upheld the commission's findings on the extent of visual impairment and the application of rules for determining hearing loss, affirming that loss due to age (presbycusis) should be factored into the compensation calculation, as per 3 Wis. Adm. Code, sec. Ind 80.25. The court concluded that there was credible evidence supporting the commission's findings regarding the appellant’s hearing loss, affirming the commission's decision. Chief Justice Martin did not participate in the judgment.
