USCC Workers Comp 2023 - 49

Chart V-Occupational Hearing Loss, cont.
Notes
AMA refers to the American Medical Association's
Guides to the Evaluation of Permanent Impairment.
2.
1.
California-Standard 35% whole person impairment
(WPI) index for total loss of hearing; 6% WPI for one-ear
hearing loss. No particular statutory section exists.
3.
Idaho-Idaho uses total body ratings for dual-ear
hearing loss. Hearing loss usually has to be proved as
an occupational disease, which has a higher burden of
proof.
4.
Kentucky-For last exposure after 7/15/02.
tests that measure air and bone conduction thresholds
and speech discrimination ability. Differences in baseline
hearing levels shall be confirmed by subsequent testing
given within four weeks of the initial baseline hearing
level test.
11.
Illinois-54 weeks under Workers' Compensation Act;
100 weeks under Workers' Occupational Diseases Act.
5.
Kentucky-No compensation for hearing loss with
less than 8% total body impairment; no impairment
percentage for tinnitus considered in determining
impairment to the whole person.
7.
6.
Oregon-Benefit amounts for injuries occurring on
or after 7/1/20. Additional amounts may be awarded for
work disability if the worker is not released and does not
return to regular work.
12.
/3
% of
(PCI). As of 2021, the maximum noneconomic loss
payment is $95,409.26 for 100% PCI. Wage loss benefits
are paid only when the compensable injury results
in work restrictions that impair the worker's earning
capacity.
18.
one ear. Bell's Tables are used to chart hearing loss.
19.
Alberta-Summative loss in the measured cycles, in
Pennsylvania-Depends on whether loss is caused
by long-term exposure or by other causes, such as head
trauma. Compensation is paid in the amount of 662
Montana-The Occupational Deafness Statutes were
repealed effective 7/1/05, and deafness is now treated as
an injury or occupational disease depending on whether
the hearing loss occurred due to repeated exposure or a
single traumatic incident.
8.
wages for a period of weeks calculated by multiplying
the percentage of impairment calculated under the
AMA Guides by the applicable number of weeks. The
compensation for total hearing loss will vary depending
on whether the loss was caused by long-term exposure
or by another cause, such as head trauma.
13.
British Columbia-Loss apportioned by industry
classification and by proportion of neurosensory loss due
to occupational exposure in British Columbia. (§250(2)
and RS&CM C4-31.00, 113.22)
20.
British Columbia-Nontraumatic-No; may be taken
into consideration when deciding cause. Traumatic-Yes;
0.5 dB reduction for each year over the age of 50, which
is then translated into a percentage. (RS&CM C4-31.00
and Appendix 3)
21.
Manitoba-For injuries occurring in 2022.
Nevada-May be considered under Nevada's general
occupational disease statute, NRS 617.440. Firefighters
and police officers are required to undergo hearing tests
under NRS 617.454. Accepted claims for hearing loss are
evaluated by rating physicians and chiropractors under
AMA, 5th edition.
9.
New York-Claimant may file up to three months after
knowledge that the loss of hearing was due to the nature
of the employment.
10.
Oklahoma-Where the last exposure occurred on
or after 2/1/14, the current edition of the AMA Guides in
effect on the dates of injury shall be used to evaluate
permanent impairment caused by hearing loss. Objective
findings necessary to prove permanent disability in
occupational hearing loss cases may be established by
medically recognized and accepted clinical diagnostic
methodologies, including, but not limited to, audiological
Washington-Prior hearing loss must be adequately
documented. Compensation is made only for the increase
in hearing loss due to new exposure. Claims must be filed
within two years of the date of the last injurious exposure
to occupational noise in covered employment in order to
receive benefits other than medical.
14.
Wisconsin-No compensation may be paid for
tinnitus for injuries occurring on or after 1/1/92.
15.
legislation.
16.
Alberta-Hearing loss provisions are in policy, not in
Alberta-Requires clear history of prolonged
occupational exposure (usually at least two years) at
limits based on current Alberta Occupational Health
and Safety standards. Hearing loss must be due at least
in part to occupational exposure in Alberta or while
covered under the Alberta Workers' Compensation
Board.
17.
Manitoba-35 dB for accidents prior to 4/1/00 and
date of notification prior to 10/1/13.
23.
22.
Manitoba-80 dB (ISO) for accidents prior to 4/1/00
and date of notification prior to 10/1/13.
24.
Newfoundland and Labrador-0.5 dB reduction for
each year over the age of 75.
26.
Newfoundland and Labrador-If total hearing loss
in both ears is a result of sudden traumatic loss, 60% of
total disability is awarded.
25.
Ontario-Continuous exposure to 90 dB at eight
hours a day for five years or equivalent and a pattern of
hearing loss consistent with noise-induced sensorineural
hearing loss. This is persuasive evidence of workrelatedness
in claims for sensorineural hearing loss.
27.
Alberta-Changed to a dual-award compensation
system for permanent disabilities on 1/1/95. Benefits
include a noneconomic loss payment, based on the
whole body percentage of permanent clinical impairment
Québec-Tolerated exposure time: 85 dB during
16 hours a day; 90 dB during eight hours a day; 100 dB
during two hours a day. Maximum tolerated exposure
time: 115 dB during 0.25 hour a day.
28.
Québec-The amounts already paid by other
legislations are subtracted from the amount payable
under Québec legislation.
2023 Analysis of Workers' Compensation Laws | 49
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
