(Hearing loss cases have become greatly complicated because Section 287.197 R.S.Mo. 1969 only considers hearing loss above 15 decimals. The enabling regulation for this statute, 8CSR 50-5.060(15) recognizes hearing loss above 26 decimals. The tests provided by the regulation are obsolete industry standards. The statute allows for tests “approved by nationally recognized authorities in the field.
In Thatcher v TWA, 64 S.W.3d, 533 (Mo.App. W.D. 2000), the court retroactively applied the application of the Division Regulation, 8CRS 50-5.060(15) as it pertains to the calculation of hearing loss, the regulation recognizing hearing loss above 26 decimals, which is in direct conflict to the Missouri statute on the same issue, Section 287.197 RSMo. which allows for hearing loss above 15 decimals. The court in essence held the statute superceded the regulation, the regulation test being obsolete by the industry standards, the statute allowing for tests “approved by nationally recognized authorities in the field.”