2020 Analysis of Workers' Compensation Laws - 48

Chart V-Occupational Hearing Loss, cont.

Jurisdiction
Newfoundland and
Labrador

48 | 2020 Analysis of Workers' Compensation Laws

Separation
From Noise
Before Filing

Minimum
Exposure in Last
Employment

 
Liability for Prior
Loss

No requirement

Continuous noise
exposure for two
years or more at eight
hours per day at 85
dB(A), or a threshold
limit value with a
3 dB(A) exchange
rate for levels other
than 85 dB(A); or
intermittent noise
exposure for a fiveyear period at eight
hours per day at 85
dB(A), or a threshold
limit value with a 3
dB(A) exchange rate
for levels other than
85 dB(A).

Apportionment may
apply

Benefits
Total Loss

One Ear

30% total
disability24

5% total
disability

Deduction
for
Presbycusis

Failure
to Use
Protective
Device1

Yes25

No impact

Compensable Loss
of Hearing (dB)1
25 dB loss or more
bilaterally for
entitlement to hearing
aids.

Loss of
Hearing
Considered
Total (dB)1

Cycles at
Which Loss Is
Measured (Hz)1

80

500-1,000-2,0003,000

35 dB loss or more
bilaterally for
entitlement to hearing
aids and a PFI award.

Northwest
Territories
and Nunavut

No requirement

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

Apportionment may
apply

30%

5%

Yes

No impact

25

75

500-1,000-2,0003,000

Nova Scotia

Statute silent

Statute silent

Apportionment may
apply

Same as PMI

Same as PMI

No

No impact

AMA, 4th edition

AMA, 4th
edition

250-8,000 with
assessing an NIHL
pattern at 3,000,
4,000, or 6,000 with
a recovery at 8,000.

Ontario

No requirement

26

Apportionment may
apply

35% of total body
impairment

6% of total body
impairment

Yes

No impact

22.5 (ANSI '69)

92 (ANSI '69)

500-1,000-2,0003,000

Prince
Edward
Island

Effective 6/1/14,
no more than
five years.

No requirement. Facts
must support injurious
exposure being the
dominant cause.

If worker had established Wage loss, medical
loss prior to commencing aid, and impairment
employment, he or she
award as applicable
will be compensated
only for increased
hearing loss caused by
injuries.

Wage loss,
medical aid, and
impairment as
applicable

No, as per
AMA, 6th
edition

No impact

Greater than 25

 

500-1,000-2,0003,000

Québec

No requirement

No requirement27

Apportionment may
apply28

2.50%

No

No impact

30

70

500-1,000-2,0004,000

Up to 54% of total
body impairment



2020 Analysis of Workers' Compensation Laws

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