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Harig v. Burns International Security Services6/27/2005
The Board of Industrial Insurance Appeals found that the noise level of the alarm indicator, which Trina Harig claimed caused her industrial injury, did not exceed 55 decibels (dB), and noise at that level could not cause injury. The Board concluded that Harig did not sustain an industrial injury during the course of her employment. Without making a finding regarding the decibel level of the alarm indicator, the superior court exercised its de novo authority and reversed the Board's conclusions. Because the court's findings of fact and conclusions of law are insufficient for us to determine whether the findings are supported by sufficient evidence and whether the conclusions flow from those findings, we remand.
I.
On February 1, 2001, Trina Harig was working as a security guard for Burns International Security Services in the Century Square Building in Seattle. While Harig was monitoring a security console, an alarm indicator activated. Except for a brief time, Harig remained at her post with the alarm indicator activated. She testified that she was exposed to the alarm indicator for approximately an hour and a half, and the sound produced by the alarm indicator was loud and high-pitched.
Harig testified that the alarm hurt her ears, that she felt nauseated and dizzy, and that if she had had ear plugs, she would have used them. She also testified that her ears were ringing. She eventually left her shift early.
Another guard, Herbert Tidwell, escorted her out of the building and stated that she seemed to be in pain, holding her ears, and that she was wobbly and appeared ready to pass out. At home, Harig continued to feel ill. Her ears hurt, and she felt dizzy and unsteady. Her husband, Michael, had never seen her experience similar problems. Because she felt ill the next morning, she went to the emergency room.
Harig was seen by five physicians who testified. Dr. Constantine Palaskas is an otolaryngologist, which is an ear, nose, and throat specialist. He testified that she suffered from hydrocephalus a dilation of the ventricles of the brain. He did not attribute her symptoms to exposure to the fire alarm indicator.
Dr. George Gates, also an otolaryngologist, testified that Harig was referred to him by Dr. Palaskas for a possible vestibular disorder. He found that she had a dip in hearing around a frequency of 6000 cycles. He explained that such a dip would be consistent with recent noise exposure, such as the incident on February 1 that Harig had described to him. Dr. Alan Langman, another otolaryngologist, diagnosed Harig with tinnitus and disequilibrium secondary to noise exposure. Tinnitus is head or ear noise that people describe as ringing or buzzing. He testified that on a more probable than not basis, the noise that caused her problems was the fire alarm to which she had been exposed. But he also stated that a typical fire alarm would sound between 105 to 110 decibels.
Dr. Gregory Chan, yet another otolaryngologist, diagnosed Harig with hyperacusis, which means loud noises irritated her, resulting from acoustic trauma to her inner ear. He stated that the trauma was caused by her exposure to the fire alarm. But he explained that he based his conclusion on the assumption that she was exposed to a siren-type alarm. Finally, Dr. Chang Shin, an acupuncturist and neurologist, treated Harig for headaches. He testified that her work-related trauma led to the aggravation of her headaches and other conditions.
Harig filed an application for benefits with the Department of Labor and Industries, which the Department rejected. She appealed. The Industrial Appeals judge conducted a hearing and reversed the
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