2019 Analysis of Workers' Compensation Laws - 48

Chart V-Occupational Hearing Loss, cont.

Notes
1.
AMA refers to the American Medical Association's
Guides to the Evaluation of Permanent Impairment.
2.
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 proven as
an occupational disease, which has a higher burden of
proof.
4.
Illinois-54 weeks under Workers' Compensation Act;
100 weeks under Workers' Occupational Diseases Act.
5.

Kentucky-For last exposure after 7/15/02.

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.
6.

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repealed effective 7/1/05, and deafness is now treated as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.
7.

8.
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

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.
Oregon-Benefit amounts for injuries occurring on
or after 7/1/18.
12.
Pennsylvania-Depends on whether loss caused by
long-term exposure or by other causes, such as head
trauma. Compensation is paid in the amount of 662/3% of
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.

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.
13.

14.
Wisconsin-No compensation may be paid for
tinnitus for injuries occurring on or after 1/1/92.

Alberta-Hearing loss provisions are in policy, not in
legislation.
15.

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.
16.

17.
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
(PCI). The 2019 maximum noneconomic loss payment is

48 | 2019 Analysis of Workers' Compensation Laws

$92,959.81 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.
Alberta-Summative loss in the measured cycles, in
one ear. Bell's Tables are used to chart hearing loss.
19.
British Columbia-Loss apportioned by industry
classification and by proportion of neurosensory loss due
to occupational exposure in British Columbia. (§7 (7) and
RSCM 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. (RSCM 31.40
and 31.90)
21.

Manitoba-For injuries occurring in 2019.

Manitoba-35 dB for accidents prior to 4/1/00 and
date of notification prior to 10/1/13.
22.

23.
Manitoba-80 dB (ISO) for accidents prior to 4/1/00
and date of notification prior to 10/1/13.
24.
Newfoundland and Labrador-If total hearing loss
in both ears is a result of sudden traumatic loss, 60% of
total disability is awarded.
25.
Newfoundland and Labrador-0.5 dB reduction for
each year over the age of 75.
26.
Ontario-Clear and adequate history required of 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 work-relatedness in claims for sensorineural hearing
loss.
27.
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.
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