Bill Text: GA HB637 | 2011-2012 | Regular Session | Introduced

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Bill Title: Workers' compensation; hearing loss; hearing level frequencies; revise provisions

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2011-04-12 - House Second Readers [HB637 Detail]

Download: Georgia-2011-HB637-Introduced.html

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11 LC 37 1234

House Bill 637

By: Representatives Hembree of the 67th, Amerson of the 9th, Holt of the 112th, Meadows of the 5th, and Kidd of the 141st

A BILL TO BE ENTITLED
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 25 decibels (26 db if ANSI or ISO) or less in the three four frequencies, such losses of hearing shall not constitute any compensable hearing disability. If the losses of hearing average 82 92 decibels (93 db if ANSI or ISO) or more in the three four 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 four frequencies shall be added together and divided by three four to determine the average decibel loss. For each decibel of loss exceeding 15 25 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 92 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.