2020 Analysis of Workers' Compensation Laws - 47

Chart V-Occupational Hearing Loss, cont.

Jurisdiction

Separation
From Noise
Before Filing

Minimum
Exposure in Last
Employment

 
Liability for Prior
Loss

Wisconsin

Seven days

90 days

Wyoming

No specific provisions

American
Samoa

No requirement

Virgin
Islands

Benefits

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

2020 Analysis of Workers' Compensation Laws | 47

Total Loss

One Ear

Deduction
for
Presbycusis

No

216 weeks

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

FECA

No requirement

No requirement

Yes

200 weeks

52 weeks

No

No impact

Over 25 (ANSI/ISO)

Latest AMA

500-1,000-2,0003,000

Longshore
Act

 

 

Last covered employer

200 weeks

52 weeks

 

No impact

Over 25 (ANSI)

92 (ANSI)

500-1,000-2,0003,000

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
(RS&CM C431.00)

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

$52,600. 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

Noise exposure
averaging more than
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.

14

500-1,000-2,0003,000 (for PPI)
2020 Analysis of Workers' Compensation Laws

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