Insight

Louisiana Third Circuit Upholds Awards for Supplemental Earning Benefits in Gradual Hearing Loss Claims

Louisiana Third Circuit Upholds Awards for Supplemental Earning Benefits in Gradual Hearing Loss Claims

Lindsay F. Louapre

Lindsay F. Louapre

May 30, 2023 12:48 PM

The Louisiana Third Circuit Court of Appeal recently upheld awards for supplemental earning benefits in three workers’ compensation claims where claimants alleged occupational noise-induced hearing loss resulting from their employment at a paper mill owned by Packaging Corporation of America (“PCA”) and its predecessors[1].

The cases involved former employees of PCA who had retired for reasons unrelated to hearing loss but filed disputed claims for compensation years later seeking indemnity and medical benefits. All three claimants had been evaluated by Dr. Brad LeBert, who opined that they had occupationally related hearing loss and restricted their work to within National Institute for Occupational Safety and Health (“NIOSH”) compliant environments.

WORKERS’ COMPENSATION JUDGE’S DECISION

Following a combined trial on the merits of all three claims, the Workers’ Compensation Judge found that the claimants had proven by a preponderance of the evidence that they had suffered occupationally related noise-induced hearing loss, that they had work restrictions, and that they were unable to earn at least 90% of their pre-injury wages. Judgments were rendered in favor of the claimants for medical benefits and 104 weeks of supplemental earning benefits under La. R.S. 23:1221(3)(d)(iii).

PCA appealed on several grounds, including that the claimants failed to show that their work-related injuries resulted in a loss of wage-earning capacity given that they had withdrawn from the workforce for reasons unrelated to hearing loss or noise-related work restrictions. They also argued that Dr. LeBert’s NIOSH restrictions were universal and not specific to individuals with hearing loss.

THIRD CIRCUIT COURT DENIES APPEAL

The Louisiana Third Circuit Court of Appeal denied PCA’s appeal, relying heavily on their previous ruling in Smith v. Packaging Corp. of Am.[2]. Referencing Smith, the Court held that a claimant’s supplemental earning benefit claim is complete only after they have been diagnosed with an occupational disease, found disabled, and given work restrictions. At that point a claimant’s retirement becomes one directly affected by their disability, and they were properly treated as a person who left work due to an occupational disease.

Furthermore, the claimants were more than laborers subject to the generalized application of NIOSH noise restrictions, as the application of the restrictions to these particular claimants would prevent further hearing damage.

Finally, the Third Circuit held that the claimants had met their burden of proof that the NIOSH restrictions imposed by Dr. LeBert prevented them from performing their jobs during their period of entitlement to supplemental earning benefits. As in Smith, the Court found that the claimants had established their prima facie burden of proof based on testimony from PCA’s former safety manager that there were no positions at the paper mill that would satisfy Dr. LeBert’s restriction and the claimants’ testimonies that they were unlikely to find another job paying 90% of their pre-injury wages due to lack of education, training, or experience. At that point, the burden of proof shifted to PCA to prove the existence of a suitable, available job that complied with Dr. LeBert’s restrictions, and that PCA had failed to satisfy their burden.

____________

[1] Bos v. Packaging Corp. of Am., 357 So. 3d 919, 2023 La. App. LEXIS 215, 22-412 (La.App.3 Cir. 02/15/23)

Hyatt v. Boise Cascade Corp., 2023 La. App. LEXIS 216, 358 So. 3d 175, 22-411 (La.App.3 Cir. 02/15/23)

Colton v. Boise Cascade Corp., 357 So. 3d 928, 2023 La. App. LEXIS 220, 22-410 (La.App.3 Cir. 02/15/23)

[2] 354 So. 3d 132, 2022 La. App. LEXIS 2080, 22-171 (La.App.3 Cir. 11/30/22), 2022 WL 17331968

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

The Litigation Finance Mass Tort Gold Rush


by Justin Smulison

Third-party litigation funding is transforming mass torts, propelling the high-risk area into a multi-billion-dollar industry

Gold coins with data chart backdrop