2019 Analysis of Workers' Compensation Laws - 44

Chart V-Occupational Hearing Loss, cont.
Separation
From Noise
Before Filing

Minimum
Exposure in Last
Employment

Oregon

Audiogram
supporting claim
must be at least
14 hours after
worker removed
from significant
noise exposure.

No requirement

Pennsylvania

No requirement

Rhode
Island

Jurisdiction

Benefits
Liability for Prior
Loss

Deduction
for
Presbycusis

Failure
to Use
Protective
Device1

Compensable Loss
of Hearing (dB)1

Loss of
Hearing
Considered
Total (dB)1

Cycles at
Which Loss Is
Measured (Hz)1

44 | 2019 Analysis of Workers' Compensation Laws

Total Loss

One Ear

No, if adequately
documented by preemployment audiogram

Percent of total
body impairment,
up to $60,423 for
impairment only
and $265,348.14
for impairment plus
work disability.11

Percent of
total body
impairment, up
to $19,133.95
for impairment
only and
$141,687.22 for
impairment plus
work disability

Yes, but in an
injury claim,
impairment
for hearing
loss caused by
presbycusis is
reduced only if
the presbycusis
qualifies as a
"preexisting
condition" under
Oregon law.

No impact

Over 25 (ANSI '89)

550 (ANSI '89)

500-1,000-2,0003,000-4,000-6,000

No requirement

No

260 weeks12

60 weeks

Possible

No impact

AMA, 4th edition

75% presumed

500-1,000-2,0003,000

Six months

No requirement

Last significant
exposure

244 weeks, lump
sum

75 weeks, lump
sum

Medical Advisory Board
protocols (RIGL 28-33-5)

Medical
Advisory Board
protocols (RIGL
28-33-5)

Medical Advisory
Board Protocols
(RIGL 28-33-5)

South
Carolina

No requirement

No requirement

No

165 weeks

80 weeks

Over 25

92 (ANSI '69)

500-1,000-2,0003,000

South
Dakota

Six months

90 days or parts
thereof

No

150 weeks

50 weeks

Over 25 ANSI

92 ANSI

500-1,000-2,0003,000

Tennessee

No requirement

No requirement

No

Percent of loss to
body as a whole
(450 weeks)

Percent of loss
to body as a
whole (450
weeks)

Latest AMA

Latest AMA

Latest AMA

Texas

No requirement

No requirement; facts
must support injurious
exposure

Yes; however, if prior
compensable injury
contribution will apply

Percent of total
body impairment

Percent of
total body
impairment

No

No impact

AMA, 4th edition

AMA, 4th
edition

AMA, 4th edition

Utah

Six weeks

No

109 weeks

Proportionate

Yes

15% reduction
may apply

Over 25 (ANSI '69)

91.7 (53.6
ANSI '69)

500-1,000-2,0003,000

Vermont

No requirement

May be
absolute
defense

AMA, 5th edition

AMA, 5th
edition

AMA, 5th edition

27 ASA

90 ASA

500-1,000-2,0003,000

AMA, 5th edition

91.7

500-1,000-2,0003,000

No requirement

Yes

No

No
compensation

Virginia
Washington13

No requirement

No requirement; facts
must support injurious
exposure

No

$98,633.04

$16,438.71

No

No impact



2019 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2019 Analysis of Workers' Compensation Laws

Foreword
Introduction
Part 1—Coverage of Laws: Discussion
Chart I—Type of Law and Insurance Requirements
Chart II—Coverage of Laws
Chart III—Coverage of Minors
Chart IV—Coverage of Occupational Diseases
Chart V—Occupational Hearing Loss
Part 2—Benefits Provided: Discussion
Chart VI—Income Benefits for Total Disability
Chart VII—Income Benefits ($) for Scheduled Injuries
Chart VIII—Fatalities: Income Benefits for Spouses and Children
Chart IX—Waiting Period for Income/Medical Benefits
Chart X—Rehabilitation of Disabled Workers
Part 3—Administration of Laws: Discussion
Chart XI—Administration: Notice to Employer and Claims
Chart XII—Employer’s Report of Accidents
Chart XIII—Second Injury Funds
Chart XIV—Administration Expenses: Workers’ Compensation Departments
Chart XV—Appeal Provisions
Chart XVI—Directory of Administrators
Abbreviations and Computations
2019 Analysis of Workers' Compensation Laws - Cover
2019 Analysis of Workers' Compensation Laws - Cover2
2019 Analysis of Workers' Compensation Laws - 1
2019 Analysis of Workers' Compensation Laws - 2
2019 Analysis of Workers' Compensation Laws - 3
2019 Analysis of Workers' Compensation Laws - Foreword
2019 Analysis of Workers' Compensation Laws - Introduction
2019 Analysis of Workers' Compensation Laws - 6
2019 Analysis of Workers' Compensation Laws - Part 1—Coverage of Laws: Discussion
2019 Analysis of Workers' Compensation Laws - 8
2019 Analysis of Workers' Compensation Laws - 9
2019 Analysis of Workers' Compensation Laws - Chart I—Type of Law and Insurance Requirements
2019 Analysis of Workers' Compensation Laws - 11
2019 Analysis of Workers' Compensation Laws - 12
2019 Analysis of Workers' Compensation Laws - 13
2019 Analysis of Workers' Compensation Laws - 14
2019 Analysis of Workers' Compensation Laws - Chart II—Coverage of Laws
2019 Analysis of Workers' Compensation Laws - 16
2019 Analysis of Workers' Compensation Laws - 17
2019 Analysis of Workers' Compensation Laws - 18
2019 Analysis of Workers' Compensation Laws - 19
2019 Analysis of Workers' Compensation Laws - 20
2019 Analysis of Workers' Compensation Laws - 21
2019 Analysis of Workers' Compensation Laws - 22
2019 Analysis of Workers' Compensation Laws - 23
2019 Analysis of Workers' Compensation Laws - 24
2019 Analysis of Workers' Compensation Laws - 25
2019 Analysis of Workers' Compensation Laws - 26
2019 Analysis of Workers' Compensation Laws - Chart III—Coverage of Minors
2019 Analysis of Workers' Compensation Laws - 28
2019 Analysis of Workers' Compensation Laws - 29
2019 Analysis of Workers' Compensation Laws - Chart IV—Coverage of Occupational Diseases
2019 Analysis of Workers' Compensation Laws - 31
2019 Analysis of Workers' Compensation Laws - 32
2019 Analysis of Workers' Compensation Laws - 33
2019 Analysis of Workers' Compensation Laws - 34
2019 Analysis of Workers' Compensation Laws - 35
2019 Analysis of Workers' Compensation Laws - 36
2019 Analysis of Workers' Compensation Laws - 37
2019 Analysis of Workers' Compensation Laws - 38
2019 Analysis of Workers' Compensation Laws - 39
2019 Analysis of Workers' Compensation Laws - 40
2019 Analysis of Workers' Compensation Laws - 41
2019 Analysis of Workers' Compensation Laws - Chart V—Occupational Hearing Loss
2019 Analysis of Workers' Compensation Laws - 43
2019 Analysis of Workers' Compensation Laws - 44
2019 Analysis of Workers' Compensation Laws - 45
2019 Analysis of Workers' Compensation Laws - 46
2019 Analysis of Workers' Compensation Laws - 47
2019 Analysis of Workers' Compensation Laws - 48
2019 Analysis of Workers' Compensation Laws - Part 2—Benefits Provided: Discussion
2019 Analysis of Workers' Compensation Laws - 50
2019 Analysis of Workers' Compensation Laws - Chart VI—Income Benefits for Total Disability
2019 Analysis of Workers' Compensation Laws - 52
2019 Analysis of Workers' Compensation Laws - 53
2019 Analysis of Workers' Compensation Laws - 54
2019 Analysis of Workers' Compensation Laws - 55
2019 Analysis of Workers' Compensation Laws - 56
2019 Analysis of Workers' Compensation Laws - 57
2019 Analysis of Workers' Compensation Laws - 58
2019 Analysis of Workers' Compensation Laws - 59
2019 Analysis of Workers' Compensation Laws - 60
2019 Analysis of Workers' Compensation Laws - 61
2019 Analysis of Workers' Compensation Laws - 62
2019 Analysis of Workers' Compensation Laws - Chart VII—Income Benefits ($) for Scheduled Injuries
2019 Analysis of Workers' Compensation Laws - 64
2019 Analysis of Workers' Compensation Laws - 65
2019 Analysis of Workers' Compensation Laws - 66
2019 Analysis of Workers' Compensation Laws - 67
2019 Analysis of Workers' Compensation Laws - Chart VIII—Fatalities: Income Benefits for Spouses and Children
2019 Analysis of Workers' Compensation Laws - 69
2019 Analysis of Workers' Compensation Laws - 70
2019 Analysis of Workers' Compensation Laws - 71
2019 Analysis of Workers' Compensation Laws - 72
2019 Analysis of Workers' Compensation Laws - 73
2019 Analysis of Workers' Compensation Laws - 74
2019 Analysis of Workers' Compensation Laws - 75
2019 Analysis of Workers' Compensation Laws - 76
2019 Analysis of Workers' Compensation Laws - 77
2019 Analysis of Workers' Compensation Laws - 78
2019 Analysis of Workers' Compensation Laws - Chart IX—Waiting Period for Income/Medical Benefits
2019 Analysis of Workers' Compensation Laws - 80
2019 Analysis of Workers' Compensation Laws - 81
2019 Analysis of Workers' Compensation Laws - 82
2019 Analysis of Workers' Compensation Laws - 83
2019 Analysis of Workers' Compensation Laws - 84
2019 Analysis of Workers' Compensation Laws - 85
2019 Analysis of Workers' Compensation Laws - 86
2019 Analysis of Workers' Compensation Laws - 87
2019 Analysis of Workers' Compensation Laws - Chart X—Rehabilitation of Disabled Workers
2019 Analysis of Workers' Compensation Laws - 89
2019 Analysis of Workers' Compensation Laws - 90
2019 Analysis of Workers' Compensation Laws - 91
2019 Analysis of Workers' Compensation Laws - 92
2019 Analysis of Workers' Compensation Laws - Part 3—Administration of Laws: Discussion
2019 Analysis of Workers' Compensation Laws - 94
2019 Analysis of Workers' Compensation Laws - Chart XI—Administration: Notice to Employer and Claims
2019 Analysis of Workers' Compensation Laws - 96
2019 Analysis of Workers' Compensation Laws - 97
2019 Analysis of Workers' Compensation Laws - 98
2019 Analysis of Workers' Compensation Laws - 99
2019 Analysis of Workers' Compensation Laws - 100
2019 Analysis of Workers' Compensation Laws - 101
2019 Analysis of Workers' Compensation Laws - 102
2019 Analysis of Workers' Compensation Laws - 103
2019 Analysis of Workers' Compensation Laws - 104
2019 Analysis of Workers' Compensation Laws - 105
2019 Analysis of Workers' Compensation Laws - 106
2019 Analysis of Workers' Compensation Laws - 107
2019 Analysis of Workers' Compensation Laws - 108
2019 Analysis of Workers' Compensation Laws - 109
2019 Analysis of Workers' Compensation Laws - 110
2019 Analysis of Workers' Compensation Laws - 111
2019 Analysis of Workers' Compensation Laws - 112
2019 Analysis of Workers' Compensation Laws - 113
2019 Analysis of Workers' Compensation Laws - Chart XII—Employer’s Report of Accidents
2019 Analysis of Workers' Compensation Laws - 115
2019 Analysis of Workers' Compensation Laws - 116
2019 Analysis of Workers' Compensation Laws - 117
2019 Analysis of Workers' Compensation Laws - 118
2019 Analysis of Workers' Compensation Laws - Chart XIII—Second Injury Funds
2019 Analysis of Workers' Compensation Laws - 120
2019 Analysis of Workers' Compensation Laws - 121
2019 Analysis of Workers' Compensation Laws - 122
2019 Analysis of Workers' Compensation Laws - 123
2019 Analysis of Workers' Compensation Laws - 124
2019 Analysis of Workers' Compensation Laws - 125
2019 Analysis of Workers' Compensation Laws - 126
2019 Analysis of Workers' Compensation Laws - 127
2019 Analysis of Workers' Compensation Laws - Chart XIV—Administration Expenses: Workers’ Compensation Departments
2019 Analysis of Workers' Compensation Laws - 129
2019 Analysis of Workers' Compensation Laws - 130
2019 Analysis of Workers' Compensation Laws - 131
2019 Analysis of Workers' Compensation Laws - 132
2019 Analysis of Workers' Compensation Laws - Chart XV—Appeal Provisions
2019 Analysis of Workers' Compensation Laws - 134
2019 Analysis of Workers' Compensation Laws - 135
2019 Analysis of Workers' Compensation Laws - 136
2019 Analysis of Workers' Compensation Laws - 137
2019 Analysis of Workers' Compensation Laws - 138
2019 Analysis of Workers' Compensation Laws - Chart XVI—Directory of Administrators
2019 Analysis of Workers' Compensation Laws - 140
2019 Analysis of Workers' Compensation Laws - 141
2019 Analysis of Workers' Compensation Laws - 142
2019 Analysis of Workers' Compensation Laws - 143
2019 Analysis of Workers' Compensation Laws - Abbreviations and Computations
2019 Analysis of Workers' Compensation Laws - BackCover
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