09
LC 33 3251
House
Bill 864
By:
Representative Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 34-9-264 of the Official Code of Georgia Annotated, relating
to compensation for loss of hearing caused by harmful noise under workers'
compensation, so as to revise certain provisions relating to hearing level
frequencies; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 34-9-264 of the Official Code of Georgia Annotated, relating to
compensation for loss of hearing caused by harmful noise under workers'
compensation, is amended by revising paragraphs (1) and (2) of subsection (b) as
follows:
"(1)
In the evaluation of occupational hearing loss, only the hearing levels at the
frequencies of 500, 1,000,
and
2,000, and
3,000 cycles per second shall be
considered. Hearing losses for frequencies below 500 and above
2,000
3,000
cycles per second are not to be considered as constituting compensable hearing
disability. No consideration shall be given to the question of whether or not
the ability of an employee to understand speech is improved by the use of a
hearing aid. The board may order the employer to provide the employee with an
original hearing aid if it will materially improve the employee's ability to
hear;
(2)
The percentage of hearing loss shall be calculated as the average, in decibels,
of the thresholds of hearing for the frequencies of 500, 1,000,
and
2,000, and
3,000 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 more than one audiogram is taken, the
audiogram having the lowest threshold will be used to calculate occupational
hearing loss. If the losses of hearing average 15 decibels (26 db if ANSI or
ISO) or less in the three frequencies, such losses of hearing shall not
constitute any compensable hearing disability. If the losses of hearing average
82 decibels (93 db if ANSI or ISO) or more in the three frequencies, then the
same shall constitute and be total or 100 percent compensable hearing loss. In
measuring hearing impairment, the lowest measured losses in each of the three
frequencies shall be added together and divided by three to determine the
average decibel loss. For each decibel of loss exceeding 15 decibels (26 db if
ANSI or ISO) an allowance of 1 1/2 percent shall be made up to the maximum of
100 percent which is reached at 82 decibels (93 db if ANSI or ISO). In
determining the binaural percentage of loss, the percentage of impairment in the
better ear shall be multiplied by five. The resulting figure shall be added to
the percentage of impairment in the poorer ear, and the sum of the two divided
by six. The final percentage shall represent the binaural hearing
impairment;"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.