Hearing Loss Disability Rules Are Unconstitutional, Appeals Court Rules

The 8% solution is no solution at all, the Kentucky Court of Appeals said in a ruling that could affect workers' compensation in the Bluegrass State for years to come. In Napier v. Enterprise Mining Co., the court ruled March 23 that state law that blocks permanent partial disability benefits for hearing loss is a violation of injured workers' rights to due process and is unconstitutional. Under Kentucky law, hearing loss can be translated to a percentage of total disability, known as an impairment rating. If the rating is less than 8%, the worker gets only medical benefits...