US Lawyer Database

Section 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.

62-9-12. 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 […]

Section 62-9-14 – Compensability of hearing loss caused by explosion or trauma.

62-9-14. Compensability of hearing loss caused by explosion or trauma. Hearing loss caused by explosion or other trauma is not compensable under this chapter, but the rights to compensation for such loss shall be determined under the provisions of this title for losses caused by injury or accident. Source: SL 1986, ch 427, §14.

Section 62-9-15 – Applicability of Title 62.

62-9-15. Applicability of Title 62. All provisions of this title apply to compensable occupational hearing losses except to the extent that they are inconsistent with the provisions of this chapter. Source: SL 1986, ch 427, §15.

Section 62-9-2 – Definition of terms.

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 […]

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

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 […]

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

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 […]

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

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 […]

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

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: […]