62-9-1      Compensation for permanent occupational hearing loss.
62-9-2      Definition of terms.
62-9-3      Calculation of hearing loss--What loss is compensable.
62-9-4      Hearing loss to be determined on binaural basis--How calculated.
62-9-5      Deductions from total average decibel loss.
62-9-6      Amount of compensation payable for total or partial hearing loss.
62-9-7      No benefits for temporary total or partial disability or for tinnitus.
62-9-8      No benefits where employee fails to regularly use employer-provided protection devices.
62-9-9      What employer is liable for compensation--Duration of exposure required for compensability.
62-9-10      Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.
62-9-11      Effect of hearing aid use on compensation--Provision of hearing aid by employer.
62-9-12      Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.
62-9-13      Repealed.
62-9-14      Compensability of hearing loss caused by explosion or trauma.
62-9-15      Applicability of Title 62.

62-9-1. Compensation for permanent occupational hearing loss.

Permanent hearing loss caused by exposure to excessive occupational noise shall be compensated according to the terms and conditions of this chapter.

Source: SL 1986, ch 427, § 1.

62-9-2. Definition of terms.

Terms used in this chapter mean:

(1)    "Occupational loss of hearing," a permanent sensorineural loss of hearing caused by prolonged exposure to excessive noise in the working environment;

(2)    "Excessive noise," sound in the working environment capable of producing occupational loss of hearing. Sound of an intensity of less than ninety decibels, "A scale, slow response', is considered incapable of producing occupational hearing losses as defined in this chapter. Regular exposure to the noise levels set forth below for periods less than those described for such levels does not constitute an exposure to excessive noise:

Source: SL 1986, ch 427, § 2.

62-9-3. Calculation of hearing loss--What loss is compensable.

The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of five hundred, one thousand, two thousand and three thousand cycles per second. Pure tone air conduction audiometric instruments properly calibrated according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If the losses of hearing average twenty-five decibels ANSI or less in the four frequencies, such losses of hearing do not constitute any compensable hearing disability. If the losses of hearing average ninety-two decibels ANSI or more in the four frequencies, then the same shall constitute and be total or one hundred percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the four frequencies shall be added together and divided by four to determine the average decibel loss. For each decibel of loss exceeding twenty-five decibels, an allowance of one and one-half percent shall be made up to the maximum of one hundred percent which is reached at ninety-two decibels.

Source: SL 1986, ch 427, § 3.

62-9-4. Hearing loss to be determined on binaural basis--How calculated.

Permanent partial or permanent total impairment of the hearing from an occupational loss shall be determined on a binaural basis for the purposes of determining the amount of compensation payable under § 62-9-6. To determine the binaural percentage of loss, the percentage of loss as determined in § 62-9-3, if any, in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of loss determined in the same manner for the poorer ear and that sum shall be divided by six. The resulting quotient percentage shall represent the binaural hearing impairment for which compensation shall be paid according to § 62-9-6.

Source: SL 1986, ch 427, § 4.

62-9-5. Deductions from total average decibel loss.

Before determining the percentage of hearing impairment, in order to allow for the average hearing loss from nonoccupational causes found in the population at any given age, there shall be deducted from the total average decibel loss, one-half decibel for each year of the employee's age over forty-five years at the time of last exposure to occupational noise. Other appropriate deductions established by competent specialist opinion which exceed the foregoing allowance for presbycusis shall also be deducted.

Source: SL 1986, ch 427, § 5.

62-9-6. Amount of compensation payable for total or partial hearing loss.

There shall be payable for total occupational loss of hearing under this chapter, one hundred fifty weeks of compensation. Partial occupational loss of hearing shall be in the proportion of one hundred fifty weeks as the partial loss bears to the total loss.

Source: SL 1986, ch 427, § 6.

62-9-7. No benefits for temporary total or partial disability or for tinnitus.

No compensation benefits are payable for temporary total or temporary partial disability under this chapter, and there may be no award for tinnitus hereunder.

Source: SL 1986, ch 427, § 7.

62-9-8. No benefits where employee fails to regularly use employer-provided protection devices.

No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer-provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where the employee works.

Source: SL 1986, ch 427, § 8.

62-9-9. What employer is liable for compensation--Duration of exposure required for compensability.

The employer liable for the compensation under this chapter is the employer in whose employment the employee was last exposed to excessive noise in this state during a period of ninety working days or parts thereof. No exposure during a period of less than ninety working days or parts thereof may be held to be an injurious exposure.

Source: SL 1986, ch 427, § 9.

62-9-10. Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.

An employer is liable for the entire occupational hearing loss to which his employment has contributed; but, if previous deafness is established by a hearing test or other competent evidence, whether or not the employee was exposed to excessive noise within six months preceding such test, the employer is not liable for previous loss so established, nor is he liable for any loss for which compensation has previously been paid or awarded. The employer is liable only for the difference between the percentage of occupational hearing loss determined as of the date of disability, and the percentage of loss established by pre-employment and audiometric examinations excluding, in any event, hearing losses arising from nonoccupational causes. Hearing loss established by hearing tests or other competent evidence to have occurred prior to July 1, 1974, is not compensable.

Source: SL 1986, ch 427, § 10.

62-9-11. Effect of hearing aid use on compensation--Provision of hearing aid by employer.

No reduction in an award of compensation for occupational hearing loss may be made because the ability of the employee to understand speech is improved by the use of a hearing aid. During the period of exposure to excessive noise without regard to the period of time in a noninjurious environment required before a claim may be filed, the Department of Labor and Regulation may require the employer to provide the employee with necessary hearing aids if the hearing aid will materially improve the employee's ability to understand speech.

Source: SL 1986, ch 427, § 11; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-9-12. Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.

No claim for occupational hearing loss may be filed until the employee has been removed from exposure to excessive noise for at least a period of six months. Removal from exposure occurs when an employee is transferred to a working environment free from excessive noise, or upon separation from employment. Any claim not filed within two years after the employee has been removed from the exposure to excessive noise for the six month period is forever barred. Claims under this chapter shall be filed in the same manner and under the same requirements as claims for compensation for injury or accident.

Source: SL 1986, ch 427, § 12.