Disability insurance denied on basis of no effective diagnosis - acoustic concussion
KM was a pipefitter who had worked with the same company for years. He worked every hour of overtime available, often logging 60 hours or more per week.
Unfortunately, KM suddenly became unable to work. He could not even continue to work on the new home he -
His claim for disability benefits was denied because there was no basis for a diagnosis or objective proof of disability.
KM was on watch duty in the engine room of a ship. The engines were not running. KM was not wearing hearing protective equipment. The fire alarm sounded unexpectedly. Fire alarms in engine rooms are extremely loud.
KM's family doctor was unable to account for profound headache and other symptoms which KM developed.
Geoff left no stone unturned. He discovered that the fire alarm mechanism was high decibel sound waves. American soldiers in Iraq had suffered concussive head injury by sound blasts. Geoff obtained a report from the treating physiotherapist at a balance clinic. KM had suffered marked balance impairment consistent with inner ear damage.
With this piece of evidence, the air horn blast was linked to both inner ear trauma and mild traumatic brain injury.
Practice area(s): Insurance
Court: Newfoundland and Labrador Supreme Court