What are the methods used to ascertain whether tests are being administered in accordance with West Virginia law and rules and regulations?
In an answer that is somewhat unresponsive to the specific question asked, Mr. Blackburn submits that West Virginia laws, rules, and regulations pertaining to how tests are being administered are inadequate. For example, he states that there are no statutes or regulations providing standards for the calibration of audiometers, for testing environments, or for any other equipment that may be used. Acknowledging that physicians are permitted to consider only noise-induced hearing loss in determining the degree of a claimant’s impairment, Mr. Blackburn complains that it has become a widespread practice among physicians to adjust the threshold hearing shifts measured at each frequency to reflect other factors, particularly the effects of the natural aging process, even in the absence of any evidence that a particular claimant’s hearing has actually been diminished by such factors. Mr. Blackburn contends that this practice is inconsistent with legislative intent as neither the statute nor t
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