Is noise-induced hearing loss a permanent partial disability award based on the former provisions of the RSCM II, or on the current legislation?

The worker’s representative submits that the former Act should be used to calculate the wage rate for both of the worker’s permanent disability awards. She submits that the worker has had a permanent impairment since 1998. She submits the deterioration in the worker’s hearing cannot be treated as a recurrence of an “injury.” She bases this argument on the reasoning in Cowburn v. British Columbia[3] and the provisions of policy #1.03 of the RSCM II as revised after that decision. She states that, under this revised policy, the deterioration in the worker’s hearing should be viewed as an increased permanent functional impairment. Consequently, the worker’s permanent partial disability award for noise-induced hearing loss should be based on the provisions of the Act that were in effect prior to June 30, 2002.