Section 85B.12 – Hearing aid provided.
85B.12 Hearing aid provided. A reduction of the compensation payable to an employee for occupational hearing loss shall not be made because the employee’s ability to communicate may be improved by the use of a hearing aid. An employer who is liable for occupational hearing loss of an employee is required to provide the employee […]
Section 85B.13 – Payment of compensation discharges employer.
85B.13 Payment of compensation discharges employer. Payments of compensation and compliance with other provisions of this chapter by the employer or the employer’s insurance carrier in accordance with the findings and orders of the workers’ compensation commissioner or a court making a final adjudication in appealed cases, discharges the employer from further obligation. [C81, §85B.13] […]
Section 85B.14 – Applicable chapters.
85B.14 Applicable chapters. Chapters 17A, 85, and 86, so far as applicable, and not inconsistent with this chapter, apply in cases of compensable occupational hearing loss. [C81, §85B.14]
Section 85B.15 – Workers’ compensation commissioner to enforce.
85B.15 Workers’ compensation commissioner to enforce. The workers’ compensation commissioner has jurisdiction over the operation and administration of the compensation provisions of this chapter. [C81, §85B.15] 98 Acts, ch 1061, §11
Section 85B.4 – Definitions.
85B.4 Definitions. As used in this chapter, unless the context otherwise provides: 1. “Excessive noise exposure” means exposure to sound capable of producing occupational hearing loss. 2. “Hearing level” means the measured threshold of hearing sensitivity using audiometric instruments properly calibrated to the American national standards institute audiometric zero reference level. 3. “Occupational hearing loss” […]
Section 85B.5 – Excessive noise exposure.
85B.5 Excessive noise exposure. 1. An excessive noise exposure is sound which exceeds the times and intensities listed in the following table: Duration Sound level, Duration Sound level, per day dBA slow per day dBA slow hours response minutes response 8 90 52 106 7 91 45 107 6 92 37 108 5 93 33 […]
Section 85B.6 – Maximum compensation.
85B.6 Maximum compensation. Compensation is payable for a maximum of one hundred seventy-five weeks for total occupational hearing loss. For partial occupational hearing loss compensation is payable for a period proportionate to the relation which the calculated binaural, both ears, hearing loss bears to one hundred percent, or total loss of hearing. [C81, §85B.6]
Section 85B.7 – Periodic examination.
85B.7 Periodic examination. Compensation is not payable to an employee who willfully fails to submit for reasonable periodic physical and audiometric examinations. Reasonable written notice of the dates and times of examinations required by the employer shall be given the employee. Examinations shall be scheduled during times the employee, examining personnel, and examination facilities are […]
Section 85B.8 – Date of occurrence.
85B.8 Date of occurrence. 1. A claim for occupational hearing loss due to excessive noise exposure may be filed beginning one month after separation from the employment in which the employee was subjected to excessive noise exposure. The date of the injury shall be the date of occurrence of any one of the following events: […]
Section 85B.9 – Measuring hearing loss.
85B.9 Measuring hearing loss. 1. Audiometric instruments, properly calibrated to the American national standards institute specifications, shall be used for measuring hearing levels and in such tests necessary to establish total hearing loss, if any. The hearing tests and examinations shall be conducted in environments which comply with accepted national standards. 2. Audiometric examinations shall […]