When it is considered a disability

Current judgment

When hearing loss is considered a disability

A hearing impaired captain is considered unable to work. This was decided by the Frankfurt am Main Higher Regional Court on the basis of a certain rule.

A hearing impaired captain is considered unable to work – even if a hearing aid could help him. Because crew members in the deck service of a ship are not allowed to wear hearing aids, as the Frankfurt am Main Higher Regional Court explained on Monday. It obliged the captain’s occupational disability insurance to pay him a pension.

The man was declared in 2019 by the Sea medical service of his department for sea service. Until then, he had worked as a captain on a container ship. Since he had become hard of hearing on both ears, he would have had to wear a hearing aid. However, this was inadmissible for occupation members of the Department of Department, the Sea medical service justified his assessment with the Maritime Medicine Ordinance.

The captain requested by occupational disability insurance. However, this rejected the application because he could compensate for his hearing loss with a hearing aid. A lawsuit failed in front of the Frankfurt district court.

The man appealed and the Higher Regional Court now agreed. According to the insurance conditions, he was permanently and completely disabled due to “decrease in strength”. His hearing loss is the reason for his disability that he could no longer work as a captain in the deck service.

The judgment is not yet final. The insurance can still file a complaint in order to achieve the approval of the revision to the Federal Court of Justice in Karlsruhe.