GAO Review Request on Hearing Loss Claims under the LHWCA

Summary

On September 16, 2025, Rep. Tim Walberg (R-MI), Chairman of the Education and Workforce Committee, and Rep. Ryan Mackenzie (R-PA), Chairman of the Workforce Protections Subcommittee, sent a letter to Comptroller General Gene Dodaro requesting a GAO review of hearing loss claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Key Concerns Raised:
– Many hearing loss claims may not be caused by waterfront employment but instead by pre-existing conditions, prior jobs, or aging.
– The LHWCA has not been meaningfully updated since 1984.
– Employers are responsible for all work-related hearing loss, even if worsened by aging or prior exposure.
– There is no effective statute of limitations, allowing claims decades after employment.
– More than 37% of hearing loss claims are filed by claimants age 70 and older.

GAO Review Questions:
– Number of LHWCA claims filed annually in the past five years, and for what injuries (including hearing loss).
– Age and demographic characteristics of claimants.
– Incidence of fraud in hearing loss claims.
– OWCP’s steps to verify workplace causation and prevent fraud, and what more should be done.

Analysis

Policy and Legal Context

The LHWCA (enacted in 1927, last amended in 1984) provides compensation for longshoremen, harbor workers, and shipbuilders. Unlike other workers’ compensation programs, it lacks a statute of limitations for hearing loss claims, creating open-ended liability. Employers are held liable if workplace noise contributed in part, even when aging or other factors are primary causes.

Implications for Employers

– Financial Burden: Employers face millions in annual settlements and litigation for claims arguably unrelated to maritime employment.
– Fraud Concerns: Older claimants, delayed claims, and lack of time limits create opportunities for inflated or fraudulent filings.
– Potential Reform: A GAO review could lead to new statutes of limitations, stricter causation standards, or updated eligibility rules.

Implications for Workers

– Access to Benefits: Broad protections benefit older workers who might otherwise lose compensation.
– Risk of Reduced Protections: Reforms could shorten claim windows, increase burdens of proof, and limit recovery for mixed-cause hearing loss.

For OWCP and GAO

The GAO review will assess OWCP’s fraud detection and claims verification. Depending on findings, OWCP may be required to adopt stronger compliance protocols, more stringent medical verification, or modernized claims processing systems.

Broader Significance

This review reflects a broader Congressional trend to scrutinize long-standing workers’ compensation frameworks where costs appear outdated or disproportionate. If GAO finds inefficiencies or abuse, reforms could shift financial responsibility away from employers and taxpayers but also narrow protections for workers.