2019 Analysis of Workers' Compensation Laws - 45

Chart V-Occupational Hearing Loss, cont.
Failure
to Use
Protective
Device1

Compensable Loss
of Hearing (dB)1

Loss of
Hearing
Considered
Total (dB)1

Percent of PT

Percent of PT

No

No impact

Over 27.5 (ANSI '69)

90 (ANSI '69)

500-1,000-2,0003,000

No

216 weeks14

36 weeks14

15% decreased
compensation,
up to $15,000

Over 30 ANSI

93

500-1,000-2,0003,000

No requirement

No

200 weeks

52 weeks

Six months

No requirement

No

250 weeks

180 weeks

Possible

No
compensation
if willful
negligence

Statute silent

Statute silent

Statute silent

No requirement

No requirement

Yes

200 weeks

52 weeks

No

No impact

Over 25 (ANSI/ISO)

Latest AMA

500-1,000-2,0003,000

Last covered employer

200 weeks

52 weeks

No impact

Over 25 (ANSI)

92 (ANSI)

500-1,000-2,0003,000

Minimum
Exposure in Last
Employment

Liability for Prior
Loss

Total Loss

West
Virginia

Statute silent

Statute silent

No

Wisconsin

Seven days

90 days

Wyoming

No specific provisions

American
Samoa

No requirement

Virgin
Islands

FECA

Jurisdiction

2019 Analysis of Workers' Compensation Laws | 45

One Ear

Deduction
for
Presbycusis

Benefits

Separation
From Noise
Before Filing

Longshore
Act

Cycles at
Which Loss Is
Measured (Hz)1

Alberta15

No requirement

No requirement; facts
must support injurious
exposure16

Apportionment may
apply

30% of total body
impairment17

5% of total body
impairment17

Possible

No impact

140 (ANSI)18

310-320
(ANSI)18

500-1,000-2,0003,000

British
Columbia

No requirement,
but affects
entitlement
(RSCM 31.10)

No requirement; facts
must support injurious
exposure (generally
over two years)

Apportionment may
apply19

15% total disability

3% disability for
total unilateral
loss

Possible20

No impact

28 (ANSI/ISO)

68 (ANSI/ISO)

500-1,000-2,000

Manitoba

No requirement

No requirement

Apportionment may
apply

$51,500. 35% of
total loss of function
and 60% award
when sudden and
complete loss of
hearing is a result of
a traumatic event.21

Impairment
award is based
on the level
of the loss of
hearing in that
ear.21

Yes

No impact

Over 2522

92 (ISO)23

500-1,000-2,0003,000

New
Brunswick

No requirement

Over 85 dB(A) for
eight hours per day,
for a minimum of
two years, or the
equivalent.

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.

The same benefits
as accidents; in
addition, a lump
sum payment
to recognize
permanent physical
impairment (PPI)
30% of maximum
annual earnings.

The same
benefits as
accidents, in
addition to
recognize PPI
a lump sum
payment of 5%
of maximum
annual earnings.

No

May be
considered

Greater than 25 for
at least one test
frequency within the
3,000 Hz to 6,000 Hz
frequency range

80 (ANSI)
for purposes
of PPI

Frequencies of
3,000, 4,000, or
6,000 with recovery
at 8,000.
500-1,000-2,0003,000 (for PPI)
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