PRINTER'S NO. 1543
No. 1247 Session of 1989
INTRODUCED BY REGOLI, ROCKS, O'PAKE, BELAN, SCANLON, JONES,
AFFLERBACH, ROSS, FISHER, DAWIDA, PECORA, STOUT, RHOADES,
PORTERFIELD AND ANDREZESKI, SEPTEMBER 26, 1989
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 26, 1989
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further providing for the schedule of
8 compensation for permanent disability.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 306(c)(8) of the act of June 2, 1915
12 (P.L.736, No.338), known as The Pennsylvania Workmen's
13 Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
14 No.281) and amended March 29, 1972 (P.L.159, No.61), is amended
15 and the clause is amended by adding paragraphs to read:
16 Section 306. The following schedule of compensation is
17 hereby established:
18 * * *
19 (c) For all disability resulting from permanent injuries of
20 the following classes, the compensation shall be exclusively as
1 follows:
2 * * *
3 (8) For the [complete] permanent loss of hearing[,] in one
4 or both ears not caused by habitual exposure to loud
5 occupational noise but due to many other causes, such as
6 acoustic trauma (sudden explosions) and direct head injuries,
7 sixty-six and two-thirds per centum of wages [during two hundred
8 sixty weeks; for complete loss of hearing in one ear, sixty-six
9 and two-thirds per centum of wages during sixty weeks.], not to
10 exceed sixty weeks for one ear under Table A and not to exceed
11 two hundred sixty weeks for both ears, based on the better ear,
12 under Table B of paragraph (8.1). The degree of such hearing
13 loss shall be established by audiometric determination of
14 hearing threshold level as measured from zero (0) dB (decibels)
15 on an audiometer calibrated to ANSI-S3.6-1969, American National
16 Standard "Specifications for Audiometers" (1969), by a trained
17 individual certified by an organization approved by the
18 department. Using this determination of hearing threshold level,
19 the corresponding per centum of hearing disability and number of
20 weeks of compensation shall be obtained directly from the
21 appropriate table:
22 TABLE A
23 Table of percent of Hearing Disability - ONE EAR
24 Hearing Threshold Percent of Number
25 Level (ANSI) Hearing Disability of Weeks
26 31 through 36 dB 5% 3
27 37 through 41 dB 10% 6
28 42 through 46 dB 15% 9
29 47 through 51 dB 25% 15
30 52 through 56 dB 35% 21
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1 57 through 61 dB 50% 30
2 62 through 71 dB 70% 42
3 72 through 80 dB 90% 54
4 Over 80 dB 100% 60
5 (8.1) For the permanent loss of hearing in both ears,
6 diagnosed as occupational hearing loss due to long-term exposure
7 to hazardous noise, sixty-six and two-thirds per centum of wages
8 not to exceed two hundred sixty weeks. The degree of such
9 hearing loss shall be established by audiometric determination
10 of hearing threshold level as measured from zero (0) dB
11 (decibels) on an audiometer calibrated to ANSI-S3.6-1969,
12 American National Standard "Specification for Audiometers"
13 (1969), by a trained individual certified by an organization
14 approved by the department. Using this determination of hearing
15 threshold level properly, the corresponding per centum of
16 hearing disability and number of weeks of compensation shall be
17 obtained directly from Table B.
18 TABLE B
19 Table of percent of Hearing Disability - IN BETTER EAR
20 Hearing Threshold Percent of Number
21 Level (ANSI) Hearing Disability of Weeks
22 26 through 30 dB 5% 13
23 31 through 40 dB 10% 26
24 41 through 45 dB 20% 52
25 46 through 50 dB 30% 78
26 51 through 55 dB 40% 84
27 56 through 60 dB 50% 130
28 61 through 70 dB 70% 182
29 Over 70 dB 100% 260
30 (8.2) Where any claim for hearing loss compensation involves
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1 twenty-six weeks or less of hearing disability compensation,
2 either the employe or the employer may submit a certificate by a
3 physician, who is a qualified hearing specialist, containing the
4 history, examination, treatment, diagnosis and cause of the
5 hearing condition and the result of audiologic hearing tests
6 with an assessment of per centum of hearing disability based on
7 the tables of hearing disability set forth in paragraphs (8) and
8 (8.1). Such statements shall be admissible as evidence of the
9 employe's hearing disability and findings of fact may be based
10 upon such certificate by the referee hearing the case.
11 (8.3) In any evaluation of occupational hearing loss, only
12 hearing levels at frequencies of 500, 1,000, 2,000 and 3,000
13 Hertz (Hz) shall be considered.
14 (8.4) An employer shall only be liable for the hearing loss
15 of an employe to which employment by that employer has
16 substantially contributed. If previous occupational hearing loss
17 or nonoccupational hearing impairment is established by
18 substantial competent evidence, including the results of a
19 preemployment or preplacement audiogram, the employer shall not
20 be liable for the prior hearing loss so established, whether or
21 not compensation has previously been paid or awarded. The
22 employer shall be liable only for the difference between the
23 percentage of hearing disability presently established and that
24 percentage of prior hearing disability established by the
25 preemployment audiogram or other substantial competent evidence.
26 The date of compensation for occupational hearing loss shall be
27 determined by the last date when loud occupational noise
28 contributed substantially in causing the hearing loss. No
29 compensation shall be payable for occupational hearing loss
30 after the effective date of this paragraph if an employer can
19890S1247B1543 - 4 -
1 properly document that, despite warnings, an employe has failed
2 to effectively utilize suitable hearing protectors provided by
3 the employer to prevent noise-induced hearing loss.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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