2020 Analysis of Workers' Compensation Laws - 46

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

Minimum
Exposure in Last
Employment

 
Liability for Prior
Loss

Oregon

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

No requirement

Pennsylvania

No requirement

Jurisdiction

Benefits

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

46 | 2020 Analysis of Workers' Compensation Laws

Total Loss

One Ear

No, if adequately
documented by
preemployment
audiogram

Percent of total
body impairment,
up to $62,66411

Percent of
total body
impairment, up
to $19,843.6011

No impact
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.

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

Rhode Island 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

Yes

No
compensation

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

No requirement

No

 

 

 

May be
absolute
defense

AMA, 5th edition

AMA, 5th
edition

AMA, 5th edition

Virginia

No requirement

No requirement 

No

100 weeks 

50 weeks 

No 

 

27 ASA

90 ASA

500-1,000-2,0003,000

Washington13 No requirement

No requirement; facts
must support injurious
exposure

No

$101,148.18

$16,857.90

No

No impact

AMA, 5th edition

91.7

500-1,000-2,0003,000

West
Virginia

Statute silent

No

Percent of PT

Percent of PT

No

No impact

Over 27.5 (ANSI '69)

90 (ANSI '69)

500-1,000-2,0003,000

Statute silent
2020 Analysis of Workers' Compensation Laws

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