Workers’ Compensation · Primary-source case analysis

Bath Iron Works: Occupational Hearing Loss Is a Scheduled Disability When Exposure Ends

By Aneeta Mishra and Timothy Chan

Published August 23, 2026

Bath Iron Works Corp. v. Director, OWCP addressed how to classify and calculate a retiree’s work-related hearing-loss claim under the Longshore and Harbor Workers’ Compensation Act.

Hearing loss occurs during workplace exposure

The injury accumulates as damaging noise is experienced and is ordinarily complete when occupational exposure ends, even if testing and claim filing occur later.

The scheduled-loss provision controlled

Section 8(c)(13) specifically compensates hearing impairment, so the more general retiree occupational-disease formula did not displace that schedule.

The date of injury affected the wage base

Classifying the loss as a scheduled injury meant compensation was tied to the worker’s average weekly wage at the relevant exposure-related time, not a later retirement manifestation.

Current procedural rules remain essential

Notice, audiogram, responsible-employer, last-exposure, and limitations questions must be resolved under the current Act and regulations.

Key takeaways

• Document each period of occupational noise exposure.
• Obtain a reliable audiogram and causation opinion.
• Identify the last responsible maritime employer.
• Apply the current schedule, notice, and limitations rules.