Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Monday, July 30, 2007

Christie L. Schorpp-Replogle v. New Jersey Manufacturers Insurance Company

07-30-07 A-0915-05T2

We consider whether tinnitus, often described as "ringing
in the ears," may be compensable under our State's workers'
compensation laws, N.J.S.A. 34:15-1 to -128, in the absence of a
compensable hearing loss.

We hold that tinnitus qualifies as a compensable disability
under N.J.S.A. 34:15-36, provided that (1) the condition is due
in a material degree to exposure to harmful noise at the employee's workplace, (2) materially impairs his or her working ability or is otherwise serious in extent, and (3) is corroborated by objective medical testing despite the mainlysubjective nature of the affliction. Tinnitus meeting those requirements is compensable, even if the employee does not also have a sensorineural loss of hearing below the decibel levels
specified as disabling by the Occupational Hearing Loss Act ("OHLA"), N.J.S.A. 34:15-35.10 to -35.22.