USCC Workers Comp 2023 - 47

2023 Analysis of Workers' Compensation Laws | 47
Chart V-Occupational Hearing Loss, cont.
Benefits
Jurisdiction
New
Brunswick
Separation
From Noise
Before Filing
No requirement
Minimum
Exposure in Last
Employment
Noise exposure
averaging more than
85 dB(a) for eight
hours per day, for a
minimum of two years,
or the equivalent.
Liability for Prior
Loss
Accounted for by
determining if the
attributable risk fraction
is greater than 50%
and all other evidence
weighs more heavily
toward the hearing loss
being caused by the
employment.
Newfoundland
and
Labrador
No requirement
Continuous noise
exposure for two
years or more at eight
hours per day at 85
dB(A), or a threshold
limit value with a
3 dB(A) exchange
rate for levels other
than 85 dB(A); or
intermittent noise
exposure for a fiveyear
period at eight
hours per day at 85
dB(A), or a threshold
limit value with a 3
dB(A) exchange rate
for levels other than
85 dB(A).
Northwest
Territories
and Nunavut
No requirement
No requirement; facts
must support injurious
exposure (generally
over two years)
Nova Scotia Statute silent
Statute silent
Apportionment may
apply
Total Loss
The same benefits
as accidents; in
addition, a lumpsum
payment to
recognize permanent
physical impairment
(PPI), 30% of
maximum annual
earnings.
30% total disability24
One Ear
The same
benefits as
accidents, in
addition, to
recognize PPI,
a lump-sum
payment of 5%
of maximum
annual
earnings.
5% total
disability
Deduction for
Presbycusis
No
Failure
to Use
Protective
Device1
May be
considered
Compensable Loss
of Hearing (dB)1
Greater than 25 for at
least one test frequency
within the 3,000 Hz
to 6,000 Hz frequency
range
Loss of
Hearing
Considered
Total (dB)1
80 (ANSI) for
purposes of PPI
Cycles at
Which Loss Is
Measured (Hz)1
Frequencies of
3,000, 4,000, or
6,000 with recovery
at 8,000.
500-1,000-2,0003,000
(for PPI)
Yes25
No impact
25 dB loss or more
bilaterally for
entitlement to hearing
aids.
35 dB loss or more
bilaterally for
entitlement to hearing
aids and a PFI award.
80
500-1,000-2,0003,000
Apportionment
may
apply
Apportionment may
apply
30%
5%
Yes
No impact
25
75
500-1,000-2,0003,000
Same
as PMI
Same as PMI
No
No impact
AMA, 4th edition
AMA, 4th
edition
250-8,000 with
assessing an NIHL
pattern at 3,000,
4,000, or 6,000 with
a recovery at 8,000.
Ontario
No requirement
26
Apportionment may
apply
35% of total body
impairment
6% of
total body
impairment
Yes
No impact
22.5 (ANSI '69)
92 (ANSI '69)
500-1,000-2,0003,000

USCC Workers Comp 2023

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USCC Workers Comp 2023 - Cover3
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