Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

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, dischar…

Chapter 10A, subchapter III , and chapters 17A and 85 , so far as applicable, and not inconsistent with this chapter , apply in cases of compensable occupational hearing loss. [ C81, §85B.14 ] 2023 Acts, ch 19, §1752

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

All employers as defined in chapter 85 are subject to this chapter . [ C81, §85B.2 ]

All employees as defined in chapter 85 who incur an occupational hearing loss arising out of and in the course of employment, are subject to this chapter . [ C81, §85B.3 ]

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 cal…

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 33 109 4 1/2 94 30…

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 on…

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 sch…

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…

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 en…

Apportionment of the total hearing loss between occupational and nonoccupational loss, for purposes of determining occupational hearing loss, may be made by an audiologist or physician with qualifications set forth in section 85B.9 . In determining occupational hearing loss, cons…